State v. Livingston

I agree that we should affirm the trial court’s ruling that the stop of the truck was justified and that the defendant did not limit the scope of the consensual search. However, I would reverse the trial court’s ruling that the defendant’s consent was voluntary.

Officer Boothby testified at the suppression hearing that as he approached the truck, the defendant put his window down and Officer Boothby “could smell a strong odor of burnt marijuana coming from inside of the vehicle.” He observed that the defendant “was nervous and his eyes were bloodshot.” Officer Boothby first asked the defendant…