State v. Voss

GUTIERREZ, Judge.

Joseph A. Voss, Jr. appeals the district court’s intermediate appellate decision affirming the magistrate’s denial of his motion to suppress evidence, contending the search of his vehicle on school grounds violated his Fourth Amendment rights. Voss argues the warrantless search without probable cause under the schoolyard search exception is unconstitutional as applied to him because: (1) it was based only on suspicion that he was in possession of tobacco; and (2) Voss is the age of majority and may legally possess tobacco products. For the reasons set forth below, we affirm.

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