State v. Duncan
State v. Duncan
Opinion
[This opinion has been published in Ohio Official Reports at 90 Ohio St.3d 54.]
THE STATE OF OHIO, APPELLEE, v. DUNCAN, APPELLANT. [Cite as State v. Duncan, 2000-Ohio-12.] Criminal law—Search and seizure—Drugs—Smell of marijuana alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search—Court of appeals’ judgment affirmed on authority of State v. Moore. (Nos. 99-2012 and 99-2046—Submitted July 25, 2000—Decided September 20, 2000.) APPEAL from and CERTIFIED by the Court of Appeals for Fairfield County, No. 99-CA-32. __________________ Dagger, Johnston, Miller, Ogilvie & Hampson and Scott P. Wood, for appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Moore (2000) 90 Ohio St.3d 47, 734 N.E.2d 804, decided today. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, J., concurs in judgment. __________________
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- Criminal law—Search and seizure—Drugs—Smell of marijuana alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to conduct a search—Court of appeals' judgment affirmed on authority of State v. Moore.