2020 Ohio 5079
Ohio Ct. App.2020Background
- Officer Ribich stopped George Taylor’s car on I-90 for partially obscured license-plate validation stickers; registration later shown current. Taylor lacked a valid driver’s license and had outstanding warrants.
- During the stop officers detected the odor of marijuana and searched the passenger compartment.
- Officers found a bag of marijuana and loose ammunition in the center console; Taylor denied a firearm and was Mirandized.
- Officers observed a visibly displaced dashboard/console panel, removed it, and discovered a loaded firearm and magazines.
- Trial court denied Taylor’s motion to suppress; Taylor pled no contest. A panel decision partly suppressed the gun but the en banc court reviewed and clarified the district’s law on the scope of automobile searches.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of traffic stop | Stop supported by violation for obstructed/partially covered validation stickers | Officer could see sticker color and registration year; no reasonable suspicion | Stop was lawful: partially obscured sticker supported traffic stop under R.C. 4503.21 |
| Scope of automobile search — dashboard/console panel | Odor of marijuana and discovery of drugs in passenger compartment gave probable cause to search any part of interior that could conceal contraband, including behind a visibly displaced panel | Removing/dismantling the dashboard exceeded search scope; Farris principle limits intrusiveness | En banc majority: search behind a visibly displaced panel in passenger compartment is permitted when officer smells marijuana and finds contraband there; continued search reasonable |
| Shift from drug search to firearm / inventory justification | After finding marijuana and ammunition officers had additional probable cause to search for firearm; inventory doctrine not controlling here | Discovery of ammunition does not by itself constitute criminal activity; once search shifted to gun, State bore burden to show separate probable cause; impound/inventory procedures not followed | Majority: continued search for firearm justified by additional indicia (marijuana & ammo). Dissent: officers exceeded scope; firearm evidence should be suppressed |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (1982) (automobile exception allows search of every part of vehicle that may conceal object of search)
- Wyoming v. Houghton, 526 U.S. 295 (1999) (officers may examine containers in car without individualized probable cause)
- State v. Moore, 90 Ohio St.3d 47 (2000) (smell of marijuana alone, by qualified person, establishes probable cause to search vehicle)
- State v. Farris, 109 Ohio St.3d 519 (2006) (odor of marijuana in passenger compartment does not, standing alone, establish probable cause to search the trunk)
- State v. Vega, 154 Ohio St.3d 569 (2018) (finding marijuana and paraphernalia supports probable cause to open containers that may hold drugs)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause defined as fair probability standard)
- South Dakota v. Opperman, 428 U.S. 364 (1976) (standards for lawful inventory searches)