State v. Dudley No. 20090293
Case Summary
Ballam Dudley appeals after he pled guilty to possession of marijuana with intent to deliver or manufacture, with his guilty plea being conditional on the outcome of this appeal.
The State charged Dudley with possession of marijuana with intent to deliver or manufacture. Dudley moved to suppress the evidence found during the search of his car, arguing search was illegal. At the suppresssion hearing, a highway patrol officer testified he stopped the vehicle because he believed its window tint was too dark. The officer testified that upon approaching the vehicle,he observed a green leafy substance resembling marijuana on the center console. The officer removed Dudley and a passenger from the vehicle, searched the vehicle, and found three one-pound bags of marijuana in the trunk. The officer impounded Dudley's vehicle. Several days after impounding the vehicle, the officer searched it a second time and found a metal can that smelled like marijuana. The district court found the officer had probable cause to search the vehicle based upon his observation of the green leafy substance resembling marijuana, and denied Dudley's motion to suppress. After the denial, Dudley pled guilty to possession of marijuana, reserving the right to appeal.
On appeal, Dudley argues the district court should have granted his motion to suppress because the officer did not have probable cause to search the vehicle immediately after the stop or when the vehicle was impounded.