OH8: Smell of MJ justifies search of interior of car where it could be found

“Upon en banc consideration, we uphold the conclusion reached in Franklin, and reiterate that the heightened standard set forth in Farris does not apply to searches conducted within the passenger compartment of a vehicle. Consistent with the confines of Farris, we hold that when an officer detects an odor of marijuana from a vehicle during a lawful traffic stop, the officer has probable cause to conduct a warrantless search of the interior of the vehicle and its contents that may conceal the object of the search, including behind a visibly displaced panel that is located within the vehicle’s passenger compartment. If, during the search, the officer discovers marijuana or other indicia of criminal activity in the vehicle, the officer possesses additional probable cause to search other areas of the vehicle and its contents that could contain items for which officers have probable cause to search.” State v. Taylor, 2020-Ohio-5079, 2020 Ohio App. LEXIS 3931 (8th Dist. Oct. 29, 2020).

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