FL2: Asleep at the wheel justified police encounter

Parked in a store parking lot with the motor running and lights on but apparently asleep justified police contact. Telling the driver to roll down the window did not convert it to a stop. At that point the officer smelled marijuana. Dermio v. State, 2013 Fla. App. LEXIS 5553 (Fla. 2d DCA April 5, 2013).*

Defendant was close enough to the description from an officer in pursuit of a suspect to justify his stop when another officer saw him. State v. Robinson, 2013 Ohio 1345, 2013 Ohio App. LEXIS 1253 (8th Dist. April 4, 2013).*

The search here produced a dead body in defendant’s trunk. The denial of the motion to suppress has no findings, so there is nothing for appeal. Remanded for findings. State v. Bruce, 402 S.C. 621, 741 S.E.2d 590 (App. 2013).*

There was still probable cause for the search of defendant’s car: “We further hold the alleged inconsistencies between the police report and the officers’ testimony do not necessarily warrant reversal of the trial court’s finding that the search of the vehicle was lawful.” State v. Tynes, 402 S.C. 211, 740 S.E.2d 512 (2013).*