State v. Burke

Citations

• 2022 Ohio 2166

Syllabus

The trial court did not err in denying appellant's motion to suppress, as the police did not improperly extend the duration of a lawful stop of appellant's vehicle. Moreover, police may detain a stopped driver beyond a normal time frame if they encounter additional facts giving rise to a reasonable, articulable suspicion of criminal activity beyond that which prompted the initial stop. Such facts existed here. The police officer also had probable cause to search based on his observation of marijuana shakes on appellant's person, his perception of a marijuana odor emanating from appellant's person and the car trunk, and appellant's admission that he had smoked marijuana earlier in the evening, which all occurred before a dog alerted to drugs during a free-air sniff. Given these holdings, it is unnecessary to consider whether a dog's free-air sniff is insufficient grounds for probable cause due to the legalization of hemp or medical marijuana, which may result in the dog's inability to distinguish between legal and illegal substances. Judgment affirmed.