State v. Tallman

I would reverse the trial court’s order suppressing evidence found during the search of defendant’s car. Therefore, I respectfully dissent.

*722The deputy found a baggie of marijuana on the floor board of defendant’s car. He found a recently smoked water pipe under the front seat. He noted a strong odor of incense and the smell of burnt marijuana. On becoming aware of the deputy’s presence, defendant and his companion made “furtive” movements, as if they were trying to hide something. On that evidence, I would hold that the deputy had probable cause to believe that there was more marijuana in the…