State v. Whatley
2011 Ohio 2297
Ohio Ct. App.2011Background
- Traffic stop on I-70 for speeding in extremely foggy conditions with 6 occupants in the vehicle.
- Officer smelled burnt marijuana from the vehicle after contacting the driver about child car-seat safety.
- Appellant provided a false identity; the driver attempted to access the trunk; multiple occupants were removed for safety.
- The officer found marijuana debris in the passenger door handle area, then searched the trunk.
- A loaded SKS assault rifle was found in the trunk; appellant was charged with having a weapon under disability; motion to suppress denied.
- Appellant pleaded guilty to weapon under disability; appellate court affirmed denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression denial was proper. | State argues stop supported by speeding; search justified by odor and circumstances. | Whatley contends odor alone cannot justify trunk search per Farris. | Denial affirmed; search upheld. |
Key Cases Cited
- State v. Moore, 90 Ohio St.3d 47 (Ohio Supreme Court, 2000) (odor of marijuana justifies automobile search (probable cause))
- State v. Farris, 109 Ohio St.3d 519 (Ohio Supreme Court, 2006) (odor alone insufficient to justify trunk search)
- State v. Greenwood, 2004-Ohio-2737 (2nd Dist. No. 19820, 2004) (observed marijuana supports full-vehicle search under automobile exception)
- United States v. Arvizu, 534 U.S. 266 (U.S. Supreme Court, 2002) (totality-of-circumstances standard for reasonable suspicion)
- United States v. Cortez, 449 U.S. 411 (U.S. Supreme Court, 1981) (framework for reasonable suspicion based on totality of circumstances)
- State v. Chatton, 11 Ohio St.3d 59 (Ohio Supreme Court, 1984) (recognizes Terry stop framework in Ohio)