This question is one of the most frequently asked by clients. The short answer is “no.” Simply smelling marijuana emanating from inside your vehicle is not enough to justify a warrantless search of your trunk in Ohio. The Ohio Supreme Court, in State v. Moore, held that if law enforcement smells marijuana coming from your vehicle during a traffic stop, the officer is permitted to search the passenger compartment of the car without a warrant. This search, however, cannot extend to the trunk of your vehicle absent a warrant. See State v. Adams.

Probable cause to search a trunk and probable cause to search a passenger compartment of a vehicle are subject to different standards. The odor of marijuana in the passenger compartment of a vehicle does not, by itself, establish probable cause for a warrantless search of the trunk of the vehicle.

Officer Smelled Marijuana During Traffic Stop

This issue came before the Ohio Supreme Court in 2006. The name of the case is State v. Farris. In this case, a trooper stopped a vehicle for speeding. When the driver opened the door of his vehicle, the trooper smelled marijuana emanating from inside the vehicle. The trooper did not observe the person smoking marijuana and did not see the person throw anything out of the vehicle.

The trooper asked the driver to exit the vehicle. The trooper conducted a pat-down search of the driver and found no evidence of drugs. The trooper then informed the driver that he smelled marijuana coming from the driver’s vehicle.

Prior to administering a Miranda warning, and without securing the consent of the driver to search his vehicle, the trooper asked about the marijuana smell. The driver stated that his roommates had been smoking marijuana before he left his house. The trooper then stated that he was going to search the driver’s vehicle and asked whether there were any drugs in the vehicle. The driver told the trooper that there was a marijuana pipe in his trunk.

The officer then administered Miranda warnings, but did not inform the driver that his previous statements could not be used against him. The trooper then asked the same questions and the driver gave the same responses.

The trooper searched the passenger compartment of the driver’s vehicle and found nothing. The trooper then opened the trunk, searched it, and found a closed, opaque container that held a glass pipe. The driver was charged with possession of drug paraphernalia.

Evidence Excluded at Trial

The evidence obtained by the trooper was excluded at trial. First, the questioning by the trooper – first without Miranda warnings and then with Miranda warnings – was found to be unconstitutional. Therefore, the post Miranda statements by the driver about marijuana in his trunk were inadmissible.

Even without those statements by the driver, the prosecution argued that the search was justified because the trooper had probable cause after smelling marijuana emanating from the vehicle. However, the trooper only smelled marijuana and found no contraband or drugs in the passenger compartment. Simply smelling marijuana was not enough to justify the search of the driver’s trunk. Since the trooper lacked probable cause to search the driver’s trunk, all evidence found in the trunk was excluded at trial.

Columbus and Delaware, Ohio Marijuana Defense Attorney

If you have been charged with a marijuana offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your marijuana case.