State v. Ulmer
2020 Ohio 4689
Ohio Ct. App.2020Background
- Officers (working private-property detail) encountered Corie Ulmer as he exited/approached his parked car on private apartment property. Ulmer provided ID and was cooperative.
- Officer Ruberg detected a strong odor of marijuana and asked; Ulmer admitted smoking in his car and said he had thrown the butt of a joint out the window. Ruberg recovered a small amount of marijuana from Ulmer’s pocket.
- Ulmer was handcuffed and placed in a cruiser. Ruberg searched the passenger compartment, finding a burnt marijuana joint in the passenger door, then searched the trunk and discovered a loaded Glock 9mm.
- Ulmer was charged with improperly handling firearms in a motor vehicle, criminal trespass, and possession of marijuana and moved to suppress all evidence, arguing the stop, patdown, and vehicle searches were unlawful.
- The trial court found probable cause for the stop and interior search but after further research concluded the trunk search was supported by odor and admissions. On appeal the court held the trunk search lacked probable cause and vacated the firearm conviction; other convictions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ulmer may challenge the initial stop | State: Ulmer conceded the stop was constitutional in supplemental brief; he waived the claim | Ulmer originally argued stop lacked reasonable suspicion | Held: Ulmer abandoned this argument and cannot raise it on appeal |
| Whether odor/admission justified warrantless search of passenger compartment | State: Smell of marijuana (from the car) alone gives probable cause to search vehicle interior | Ulmer: Odor was outside or insufficient to establish probable cause | Held: Smell of marijuana coming from vehicle and admission supported search of passenger compartment |
| Whether odor/admission justified warrantless search of trunk | State: Burnt joint in door, odor, and admission collectively supported trunk search | Ulmer: Trunk requires separate showing; odor alone cannot support trunk search | Held: Trunk search unsupported—odor of burning marijuana (and burnt joint in compartment) alone did not establish probable cause to search trunk; firearm conviction reversed |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (Fourth Amendment warrant requirement and privacy principles)
- State v. Moore, 90 Ohio St.3d 47 (odor of marijuana can establish probable cause to search a vehicle)
- State v. Kessler, 53 Ohio St.2d 204 (definition of probable cause for vehicle searches)
- State v. Farris, 109 Ohio St.3d 519 (odor of burnt marijuana in passenger compartment does not alone establish probable cause to search trunk)
- State v. Durham, 999 N.E.2d 1233 (probable-cause standard and sources of probable cause for vehicle searches)