State v. Oliver

Citations

• 214 N.E.3d 624
• 2023 Ohio 1550

Syllabus

MOTION TO SUPPRESS—FOURTH AMENDMENT— ODOR OF RAW MARIJUANA IN VEHICLE—WARRANTLESS SEARCH OF PERSON—WAIVER OF JUSTIFICATION. A law-enforcement officer's detection of the odor of raw marijuana emanating from a vehicle with multiple occupants is not sufficiently particularized, on its own, to justify the warrantless pat-down search of the driver. The state did not claim the search was a lawful protective search for weapons under Terry or inevitable discovery in the trial court, thus waiving both issues for purposes of appeal. Judgment denying suppression motion reversed convictions and sentence vacated and matter remanded to the trial court for further proceedings.