CASEY O. JOHNSON v. STATE OF MARYLAND
Court of Special Appeals, Leahy, March 29, 2017,
Vehicle Search- Finding marijuana on the front passenger doesn’t automatically entitle officers to search the trunk of the vehicle.

Let’s see: driver hands passenger drugs, passenger shoves drugs in his pants, drugs are found on passenger. Also, who uses the term “furtive movement” and DOESN’T relate it to a frisk?

Facts
In January 2015, a Montgomery County Police Officer became suspicious that criminal activity might be afoot after he stopped Casey O. Johnson for a broken tail light in Germantown, Maryland.
Johnson had two passengers with her: Anthony Haqq in the front seat and Kevin Helms in the back seat.
The officer testified that, through the rear window of the vehicle, he observed Johnson and the front-seat passenger, Haqq, making “furtive movements.”
After more officers and a K-9 unit arrived at the scene, Johnson and her two passengers were asked to exit the vehicle. The police searched Johnson’s two jacket pockets and found nothing, but when they searched Anthony Haqq, the front passenger, they found a baggie of 13 grams of marijuana in his waistband and smelled PCP on his breath.
As they arrested the front passenger, the police proceeded to search Johnson’s entire vehicle, including the trunk, while the K-9 stood idly by.
A digital scale and 104.72 grams of marijuana were found inside a paper bag inside a backpack that was inside the trunk. Then the officers arrested Johnson, and during the search incident, found $544.00 on her person.
Johnson appealed, arguing that there was no probable cause to search her car.
Law from the Case
Held: Because police failed to explain why they believed drugs would be in the trunk, the search was illegal.
Warrantless Searches- All searches performed without a search warrant are assumed to be illegal unless an exception applies. The officer must have that justification BEFORE the search begins.
Vehicle Search- Carroll Doctrine- One exception to the warrant requirement is that a vehicle may be searched without a warrant as long as there is probable cause that the vehicle contains evidence or contraband.
Note: The Supreme Court has even held that property belonging to passengers that has been left in the car may be searched during a probable cause search of the vehicle.
Vehicle Search- Limits – If police have probable cause to believe that contraband is in only one part of a car, then they are limited to searching only that area.
From the Case: Because the front passenger was found with marijuana, the Court held that police were limited to searching around the front passenger seat unless they could explain the need to search beyond that area.
Vehicle Search- Carroll Doctrine- If police have probable cause to believe that contraband is located somewhere in a car, but they don’t know
exactly where, then they can search anywhere in the entire vehicle that the evidence may reasonably be found.
Practice Note: This requires the officer to articulate the need to search the entire vehicle. If the officer can’t explain why the search was reasonable, it will be considered illegal.
From the Case: “[N]either Officer Sheehan nor Officer Mancuso testified as to why they had probable cause to believe drugs were located in the trunk.” Therefore, the search was illegal.
Note: This case could have been won in a number of different ways. It’s important to have your justification BEFORE you begin a search. This will ensure that you are following the constitution and that your search will hold up in court.
First of all, “furtive movement” during a car stop is frequently reason to believe that a weapon may be in play. If this is the case, the situation may call for a frisk of the occupants involved. During that frisk, observations may be made that may lead to probable cause.
Second, the officer could have reasonably believed based on the movement observed that the driver handed the drugs to the passenger, who stuck them in his pants. The driver has control of the vehicle and it is reasonable to believe that he could have stored CDS nearly anywhere in the vehicle.
Third, there was a K-9 already on scene. If the dog sniffed the vehicle and hit on it, that would have provided probable cause to search. If resources are available, make use of them.