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2000 Ohio 12

State v. Duncan

Ohio Supreme Court

Decided September 20, 2000

Ohio Supreme Court · decided 2000-09-20

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.

Relies on State v. Moore · State v. Duncan

Decided 2000-09-20

[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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