State v. Lewis

Citations

• 2026 Ohio 1382

Syllabus

Motion to suppress; traffic stop; probable cause; odor; burnt marijuana; vehicle search; automobile exception; R.C. 3780.36; R.C. 3780.99; smoking marijuana while in vehicle. The trial court did not err in determining that the police officer lacked probable cause to search appellant's vehicle. The odor of burnt marijuana combined with appellant's admission that he had smoked marijuana in the vehicle earlier that day supported a potential violation of former R.C. 3780.36(D)(2), which prohibits smoking marijuana in a vehicle. However, pursuant to former R.C. 3780.99, this provision only applies to passengers in a vehicle, not the operator of the vehicle. Accordingly, probable cause that a criminal offense had been committed did not exist, and the search of appellant's vehicle was improper.