2016 Ohio 7082
Ohio Ct. App.2016Background
- At 1:18 a.m. Deputy Kohler stopped Albert Ross for a marked lanes violation.
- Kohler approached, smelled burnt marijuana while speaking with Ross, and told Ross he would issue a written warning (estimated by Kohler to take ~7–8 minutes, though uncontroverted testimony showed 20 minutes elapsed before the canine arrived).
- Kohler called a Brunswick PD canine unit; the canine arrived at approximately 1:38 a.m. and performed an exterior sniff while Ross was seated in the cruiser.
- The dog alerted at the passenger door seam; officers searched the vehicle, observed loose marijuana in the passenger area, and opened the trunk, finding a vacuum-sealed bag of marijuana and a vacuum sealer.
- Ross was arrested and indicted for possession of marijuana; he moved to suppress based on an unlawful extension of the stop and an unlawful search of the trunk; the trial court denied the motion and Ross appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Ross) | Held |
|---|---|---|---|
| Whether the traffic stop was unconstitutionally prolonged by waiting for a canine | Canine sniff while vehicle lawfully detained did not unlawfully extend the stop; officer smelled marijuana giving reasonable suspicion to investigate further | Waiting for the dog converted a traffic stop into an unconstitutional prolonged detention (especially because odor already provided basis to search passenger area) | Court held the extension was reasonable: officer smelled marijuana (giving reasonable suspicion) and awaited the dog without impermissibly prolonging the stop |
| Whether the trunk search was supported by probable cause | Dog alert to the lawfully detained vehicle supplied probable cause to search the entire vehicle, including trunk | Farris prohibits using odor of burnt marijuana alone to search trunk; here officer already smelled marijuana, so waiting for dog and using alert to justify trunk search was unlawful | Court held a properly trained dog’s alert supplies probable cause to search the trunk; distinguished a human smell from a canine alert and upheld the trunk search |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (pretextual traffic stops are constitutional)
- Rodriguez v. United States, 575 U.S. 348 (2015) (traffic stop may not be prolonged beyond mission to issue ticket absent reasonable suspicion)
- Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule for unlawful searches and seizures)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate review standard for suppression hearings)
- State v. Farris, 109 Ohio St.3d 519 (2006) (odor of burnt marijuana in passenger compartment does not alone establish probable cause to search trunk)
- United States v. Nielsen, 9 F.3d 1487 (10th Cir.) (distinguishes human odor detection from trained canine alert; dog alert can establish probable cause)
- State v. Hobbs, 133 Ohio St.3d 43 (2012) (appellate standards applying Burnside)