State v. Quaker
2020 Ohio 2887
Ohio Ct. App.2020Background
- Trooper observed Quaker’s small passenger car closely following an SUV on I‑75 in rainy/wet conditions (approx. 1½–2 car lengths); trooper paced the car ~65–68 mph in a 70 mph zone and initiated a stop for following too closely.
- On approach the trooper detected the odor of burnt marijuana from the passenger compartment and observed a Dominoes box with raw marijuana residue inside the vehicle.
- Quaker produced an expired, third‑party rental agreement and the trooper felt large wads (suspected cash) on Quaker during a pat‑down; trooper opened the passenger door with consent to roll up the window and visually inspected the Dominoes box.
- A roadside probable‑cause search of the vehicle produced a backpack in the trunk containing a vacuum‑sealed, duct‑taped package later lab‑identified as fentanyl.
- Quaker was indicted for aggravated possession of drugs; he filed suppression motions (challenging the stop, the vehicle search, and later the arrest), pled no contest under a negotiated plea, and was sentenced to four years; he appealed, raising three suppression‑related assignments of error.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Quaker) | Held |
|---|---|---|---|
| Validity of the traffic stop (R.C. 4511.34 – following too closely) | Trooper had specific, articulable facts and probable cause to stop: observed close following (~1½–2 car lengths) at high speed in rainy conditions. | Trooper lacked reasonable/articulable suspicion; dashboard video allegedly inconsistent with trooper’s testimony and showed similar spacing among other cars. | Stop upheld: credible evidence supported trooper’s observations; close following at high speed in rain gave probable cause to stop. |
| Probable cause to search vehicle and trunk (automobile exception) | Odor of burnt marijuana plus visible marijuana residue in Dominoes box, furtive movement, expired third‑party rental agreement, and wads of cash together furnished probable cause to search passenger area and trunk. | Odor of burnt marijuana alone does not justify a trunk search (citing Farris); no raw marijuana smelled in trunk and no independent basis to search trunk. | Search upheld: smell of burnt marijuana plus visible residue and corroborating factors supplied probable cause to search passenger compartment and trunk under automobile exception. |
| Probable cause to arrest | Arrest followed discovery of vacuum‑sealed package in trunk and presumptive opiate field test; these facts supplied probable cause. | Package wasn’t field‑tested until after arrest; insufficient basis for probable cause to arrest. | Issue waived on appeal: Quaker did not raise arrest validity below, so appellate court declined to consider it. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (traffic stops evaluated for reasonableness under the Fourth Amendment)
- Delaware v. Prouse, 440 U.S. 648 (Fourth Amendment limitation on arbitrary stops)
- United States v. Ross, 456 U.S. 798 (scope of search under automobile exception)
- State v. Moore, 90 Ohio St.3d 47 (odor of marijuana alone can establish probable cause to search a vehicle)
- State v. Farris, 109 Ohio St.3d 519 (odor of burnt marijuana in passenger compartment, standing alone, does not justify a warrantless trunk search)
- Dayton v. Erickson, 76 Ohio St.3d 3 (probable cause for traffic stops based on observed traffic violations)