Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn’t in it, the car was still “mobile” for automobile exception purposes, and the smell provided probable cause. Defendant also argues there was no authority for a cell site simulator to track defendant’s phone. [To their credit,] They used a warrant to track him issued on probable cause. That’s quite enough. [Compare F.R.Crim.P. 41(d)(1) on tracking device warrants.] United States v. Ward, 2018 U.S. App. LEXIS 1126 (11th Cir. Jan. 16, 2018).
Tossing a cigarette pack out the window during a traffic stop was loss of any reasonable expectation of privacy in it. It landed at the second officer’s feet. Ray v. State, 2018 Miss. LEXIS 22 (Jan. 18, 2018).