MT: Def was driving parents’ car and they had equal or superior authority to consent to its search

Defendant, a known drug user and suspected dealer, was driving his parents’ car, and they gave consent to search it. “Miller had permission from his parents to use the vehicle and thus had common, if not superior, authority to Baty to consent to the of search the vehicle. Additionally, the record supports the conclusion that the police removed Baty from the vehicle because he was operating it unlawfully, not because they sought to avoid a possible objection from Baty regarding the search.” State v. Baty, 2017 MT 89, 2017 Mont. LEXIS 172 (April 18, 2017).

The officer had reasonable suspicion for a stop for a lane violation, and he then saw and smelled the defendant and had reasonable suspicion he was DUI. State v. Andrews, 2017-Ohio-1383, 2017 Ohio App. LEXIS 1405 (2d Dist. April 14, 2017).*

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