State v. Mitchell

Citations

• 2022 Ohio 2564

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – MOTION TO SUPPRESS – SEARCH & SEIZURE – AUTOMOBILE EXCEPTION: The trial court erred by granting defendant's motion to suppress evidence obtained in a vehicle search during a traffic stop: the smell of marijuana emanating from the stopped vehicle, defendant passenger's admission that he possessed drug paraphernalia, and another passenger's voluntary production of a small amount of marijuana provided the police with probable cause to search the vehicle under the automobile exception to the warrant requirement. Probable cause to search a vehicle based upon the smell of marijuana did not dissipate upon defendant passenger's admission that he had a bong in the vehicle.