State v. Alge, Unpublished Decision (4-21-2000)

DECISION AND JUDGMENT ENTRY

This is an appeal from a judgment of the Erie County Court of Common Pleas that granted appellee Alex Alge's motion to suppress evidence. For the reasons that follow, this court reverses the judgment of the trial court.

Appellant state of Ohio sets forth the following assignment of error:

"ASSIGNMENT OF ERROR NO. 1: THE TRIAL COURT ERRED IN ITS HOLDING THAT A POLICE OFFICER'S SMELL OF BURNT MARIJUANA CANNOT BE SUFFICIENT PROBABLE CAUSE TO SEARCH AN AUTOMOBILE."

The undisputed facts that are relevant to this appeal are as follows. On March 23, 1999, appellee was a…