WV: Police already seeking warrant when search occurred fell under inevitable discovery

Inevitable discovery applied because the search warrant was being sought when defendant was arrested and a search occurred. State v. Myers, 229 W. Va. 238, 728 S.E.2d 122 (2012).

Defendant’s car was searched because of the strong odor of marijuana after he was stopped on the street with reasonable suspicion of drug dealing and they “discovered more than $500 in small, disorganized bills stashed in various pockets.” The search was valid under the automobile exception or the search incident doctrine because he was standing at the door when all this went down. United States v. Carter, 2012 U.S. App. LEXIS 11265 (11th Cir. June 5, 2012).*

While Washington law grants automatic standing, somebody with third-party authority can still consent. State v. Libero, 168 Wn. App. 612, 277 P.3d 708 (2012).*