Cal.3d: Parole search of glove compartment of car where parolee was backseat passenger was unreasonable

The parole search of a car’s glove compartment because of a parolee backseat passenger was unreasonable. Because the glove compartment was locked, it wasn’t possible for the key in the ignition to be used to unlock it while the vehicle was moving and that would have required all three occupants to be involved, and the police would have noticed that, if it happened, which it didn’t. Claypool v. Superior Court, 2022 Cal. App. LEXIS 996 (3d Dist. Dec. 6, 2022).*

“Consensual encounters [with the police] can quickly transform into investigatory detentions. That is what happened here.” And that was based on reasonable suspicion. United States v. Germany, 2022 U.S. Dist. LEXIS 218005 (N.D. Ohio Dec. 2, 2022).*

When an LPN check shows the owner’s DL is suspended it can be a logical inference that the owner is the driver. Here, the owner was a passenger. That ripened into a DUI stop. State v. Compton, 2022-Ohio-4324, 2022 Ohio App. LEXIS 4074 (9th Dist. Dec. 5, 2022).*

The fact legal hemp and marijuana may smell the same doesn’t undermine probable cause for search based on smell. State v. Tillman, 2022-Ohio-4341, 2022 Ohio App. LEXIS 4085 (5th Dist. Dec. 5, 2022).*

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