Summary
The Louisiana Supreme Court reversed the Fourth Circuit and reinstated the trial court's denial of August Jackson's motion to suppress marijuana discovered in a concealed compartment of a bug spray can in a rental vehicle. The court held that Jackson lacked a reasonable expectation of privacy in the vehicle because the driver was not shown to be an authorized user, and that the odor of burning marijuana provided probable cause to search the vehicle and its containers. The case was remanded for further proceedings.
Holdings
- Jackson had no reasonable expectation of privacy in the rental vehicle and therefore had no basis under either federal or Louisiana law to challenge the warrantless entry and search.
- The officer's detection of the distinct odor of burning marijuana emanating from the vehicle supplied probable cause to search the vehicle and closed containers found inside without a warrant.
- The drug dog's failure to alert did not eliminate probable cause where the other circumstances, including the officer's detection of burning marijuana, supported the search.
Questions Presented
- Whether Jackson had a reasonable expectation of privacy, under the Fourth Amendment or article I, section 5 of the Louisiana Constitution, in a rental vehicle that he occupied as a passenger but that was being used by an unauthorized driver.
- Whether the warrantless search of the rental vehicle and the closed bug-spray container was supported by probable cause after the officer smelled burning marijuana.
- Whether the drug dog's failure to alert defeated probable cause for the warrantless vehicle search.
Disposition
reversed_and_remanded
Cases Cited (34)
- State v. Jackson, 09-1028 (La. App. 4th Cir. 9/9/09), 17 So. 3d 523(reversed)
- Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009)(considered)
- Colorado v. Bertine, 479 U.S. 367, 107 S. Ct. 738, 93 L. Ed. 2d 739 (1987)(considered)
- Rakas v. Illinois, 439 U.S. 128, 99 S. Ct. 421, 58 L. Ed. 2d 387 (1978)(followed)
- United States v. Salvucci, 448 U.S. 83, 100 S. Ct. 2547, 65 L. Ed. 2d 619 (1980)(followed)
- United States v. Paulino, 850 F.2d 93, 96 (2d Cir. 1988)(considered)
- United States v. Torres-Ramos, 536 F.3d 542, 549 (6th Cir. 2008)(considered)
- United States v. Pulliam, 405 F.3d 782, 787 (9th Cir. 2005)(considered)
- Brendlin v. California, 551 U.S. 249, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (2007)(followed)
- State v. Owen, 453 So. 2d 1202, 1205 (La. 1984)(followed)
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