Defendant’s red Ford Expedition was seen leaving an armed robbery, and the police were looking for it, finding it driving on the street. They followed, and it pulled into a driveway. Defendant shows no reasonable expectation of privacy in the driveway. There was no showing he had permission to park there or that he was an overnight guest of the homeowner. Police walked up and looked in the windows. “He testified, ‘I wasn’t sure that those were all the suspects. I had to make sure those were the guns and everything else that they used in the robbery to make sure we had the right suspects.’” Jackson v. State, 2021 Tex. App. LEXIS 1267 (Tex. App. – Houston (14th Dist.) Feb. 23, 2021).
The officer here walked up to a parked car, and that alone wasn’t a stop. “Once Cpl. Thomas drew near to defendant, he smelled an odor of marijuana emanating from the vehicle. Consequently, Cpl. Thomas gained probable cause to detain and search both the vehicle and its occupants on suspicion that the crime of possession of marijuana was occurring before him. It was not until then that defendant was stopped and no longer free to leave.” State v. Anderson, 2021 La. App. LEXIS 211 (La. App. 1 Cir. Feb. 19, 2021).*