{"id":45622,"date":"2020-10-02T13:44:19","date_gmt":"2020-10-02T18:44:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45622"},"modified":"2020-10-02T16:37:58","modified_gmt":"2020-10-02T21:37:58","slug":"oh1-smell-of-burnt-mj-with-nothing-more-doesnt-justify-search-of-trunk","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45622","title":{"rendered":"OH1: Smell of burnt MJ with nothing more doesn&#8217;t justify search of trunk"},"content":{"rendered":"\n<p>Smell of burning marijuana with no accouterments of drug usage or delivery didn\u2019t justify a search of the trunk. There was no smell of raw marijuana. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/1\/2020\/2020-Ohio-4689.pdf\">State v. Ulmer<\/a>, 2020-Ohio-4689, 2020 Ohio App. LEXIS 3582 (1st Dist. Sept. 30, 2020):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>[*P20] Contrary to the city&#8217;s argument, this is not a case where additional factors indicating drug activity were present to justify the search of the trunk. For example, Ruberg did not find drug paraphernalia, scales, or a large quantity of cash. See, e.g., State v. Braxton, 12th Dist. Warren No. CA2019-03-019, 2020-Ohio-424, \u00b6 18 (finding that the discovery of a prescription pill bottle and a cellophane wrapped oxycodone pill in the center console, in addition to the odor of burnt marijuana, provided probable cause to expand the search to the trunk); State v. Quaker, 3d Dist. Allen No. 1-19-33, 2020-Ohio-2887, \u00b6 26-28 (probable cause was established when the trooper saw raw marijuana shake in the car and felt large quantities of cash in defendant&#8217;s pockets, defendant provided an expired rental agreement, defendant was not the person named in the agreement, and no additional drivers were authorized to drive the car); State v. Whatley, 5th Dist. Licking No. 10-CA-93, 2011-Ohio-2297, \u00b6 30 (officer found marijuana in the passenger compartment of the car in plain view, was given a false name by defendant, and the driver made an attempt to get into the trunk as she was walking toward the officer&#8217;s cruiser).<\/p><p>[*P21] Accordingly, we sustain the assignment of error because the officer did not have probable cause to search the trunk.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Smell of burning marijuana with no accouterments of drug usage or delivery didn\u2019t justify a search of the trunk. There was no smell of raw marijuana. State v. Ulmer, 2020-Ohio-4689, 2020 Ohio App. LEXIS 3582 (1st Dist. Sept. 30, 2020):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[],"class_list":["post-45622","post","type-post","status-publish","format-standard","hentry","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45622","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=45622"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45622\/revisions"}],"predecessor-version":[{"id":45629,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45622\/revisions\/45629"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45622"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45622"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45622"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}