2024 Ohio 1763
Ohio Ct. App.2024Background
- Police observed Travis Wright exhibiting suspicious behavior at a hotel known for drug trafficking, including entering empty-handed and exiting with a suitcase after looking around nervously.
- Wright was tailed by officers, and upon realizing this, he drove evasively, committed a marked-lanes violation, and delayed pulling over after police signaled him.
- At the traffic stop, Wright refused to follow officer commands to exit the vehicle until threatened with window breakage.
- A police dog named Kylo, trained to detect narcotics including marijuana, alerted to the odor of drugs at the driver’s side door. Kylo cannot distinguish between legal (medical marijuana, hemp) and illegal marijuana.
- A search of Wright's vehicle uncovered 19 pounds of marijuana. Wright moved to suppress this evidence, arguing lack of probable cause because the dog could not distinguish between legal and illegal cannabis.
- After the trial court denied suppression, Wright entered a no contest plea and appealed.
Issues
| Issue | Wright's Argument | State's Argument | Held |
|---|---|---|---|
| Whether a drug dog alert is a 'search' under the Fourth Amendment when the dog cannot distinguish legal from illegal cannabis | Dog’s inability to distinguish between legal and illegal substances makes the sniff a search, thus requiring probable cause to use the dog | Argument waived because not raised at trial; issue cannot be asserted for first time on appeal | Wright waived this argument by not raising it at the trial court; not considered on appeal |
| Whether an alert from a drug detection dog trained on marijuana establishes probable cause given legalization of medical marijuana and hemp | A dog’s alert no longer provides probable cause because it may signal legal products, not just contraband | Dog’s alert, especially with other suspicious circumstances, still establishes probable cause for search | Dog’s alert, combined with Wright’s suspicious behavior and circumstances, established probable cause under totality of the circumstances |
Key Cases Cited
- State v. Moore, 90 Ohio St.3d 47 (Ohio 2000) (odor of marijuana by a qualified individual establishes probable cause for search of vehicle)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause is assessed under the totality of the circumstances)
- Florida v. Harris, 568 U.S. 237 (U.S. 2013) (sniff by properly trained drug-detection dog can establish probable cause)
- Carroll v. United States, 267 U.S. 132 (U.S. 1925) (automobile exception to the warrant requirement for vehicle searches)
- Texas v. Brown, 460 U.S. 730 (U.S. 1983) (standard for probable cause to search under the Fourth Amendment)