STATE v. MOORE

Nos. 99-1855 and 99-1960.

90 Ohio St.3d 47 (2000)

THE STATE OF OHIO, APPELLEE, v. MOORE, APPELLANT.

Supreme Court of Ohio.

Decided September 20, 2000.


Attorney(s) appearing for the Case

Terre Vandervoort, Lancaster City Prosecutor, and David A. Trimmer, Assistant City Prosecutor, for appellee.

Dagger, Johnston, Miller, Ogilvie & Hampson and Scott P. Wood, for appellant.

Betty D. Montgomery, Attorney General, and David M. Gormley, Associate Solicitor, urging affirmance for amicus curiae, Attorney General of Ohio.


LUNDBERG STRATTON, J.

The appellate court certified the following issue for our review and resolution: "Is the odor of burnt marijuana, alone, sufficient to provide probable cause to search a defendant's motor vehicle?" We answer the certified question in the affirmative and hold that the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to search a motor vehicle, pursuant to the automobile...

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