People of Michigan v. Charles William Wood

Murray, J. (concurring in part and dissenting in part).

*429A Michigan State Police Trooper pulled defendant over for speeding. When the trooper reached the vehicle, he saw approximately a dozen "whippet" or nitrous oxide containers in the backseat, along with some empty pill bottles. Knowing that canisters containing nitrous oxide are used for "huffing," which is illegal under state law, the trooper asked defendant when he last huffed. Defendant answered, "[F]our days ago." The majority concludes that the trooper did not, at that point, have probable cause to search the vehicle. But because…