State v. Beavers, 2015-Ohio-1161
Mar 27, 2015OUTCOME: Judgement Affirmed
HOLDINGS: [1]-The trial court did not err in overruling the motion to suppress evidence because the stop and the search of defendant were not unreasonable. Even if the officer had not smelled the odor ... of marijuana emanating from the car while he was following it, he was justified in stopping the vehicle, based on the suspected window tint violation; [2]-After the vehicle was stopped, the officer again smelled the odor of marijuana and stated at the suppression hearing that he and the other officer decided to remove the occupants and search the car due to the strong odor of marijuana. The officer was entitled to remove defendant from the car and to search the car and to pat him down for officer safety; [3]-There was no evidence of bad faith because there was no evidence that the cruiser tape was erased or that it did not malfunction.