OH9: Cell phone search by consent distinguished Ohio’s Smith

Defendant was shown to have consented to a search of the data on his cell phone, so State v. Smith did not apply. State v. Underwood, 2011 Ohio 5703, 2011 Ohio App. LEXIS 4676 (9th Dist. November 7, 2011).*

The officer had probable cause to search the passenger compartment from the smell of burnt marijuana and defendant’s nervousness. State v. Harris, 79 So. 3d 1037 (La. App. 1st Cir. 2011).*

Defendant consented to a school official’s direction to empty her pockets. In her testimony she admitted that she felt like she could refuse. In re M. W. H., 2011 Ore. App. LEXIS 1504 (November 9, 2011).*