In re A.T.

Citations

• 2018 Ohio 2899

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – FOURTH AMENDMENT – SEARCH AND SEIZURE: The trial court properly denied defendant's motion to suppress evidence obtained from searches of a vehicle and defendant's person where defendant was a passenger in a vehicle that was lawfully stopped for a traffic violation, the police officer smelled marijuana in the vehicle, and the driver of the vehicle admitted that there was marijuana in the vehicle, but did not admit that it was his. [But see DISSENT: The trial court erred in overruling defendant's motion to suppress where there was no evidence that defendant smelled of marijuana and no other evidence to support probable cause to believe that defendant had marijuana on his person.]