Justice Troy K. Webber
Maduro sought suppression of seized evidence. A combined Mapp/Dunaway hearing was held. Officer Pizarro testified he observed a vehicle make an illegal u-turn and had excessively tinted windows. He followed the car and then turned on his lights directing Maduro to pull over. Upon approaching the vehicle and asking for Maduro’s license and vehicle information, he detected an odor of marijuana asking if defendant just smoked. Maduro replied he did not, but admitted to having marijuana in the car. Pizarro opened the trunk and observed a large amount of marijuana inside a large duffle bag. The court found the stop of Maduro’s vehicle was based on traffic infractions, thus was valid. It also noted Maduro’s statement, “It’s in the trunk…you can go get it,” could be reasonably interpreted as consenting to the search of the trunk for purposes of retrieving the marijuana, finding no evidence to suggest the consent was involuntary. Thus, while Maduro did not specifically mention the zipped duffle bag in the trunk, he did consent to the search of the trunk, and absent evidence the bag was actually locked, Maduro’s consent to search his trunk for marijuana reasonably included the bag. Since Pizarro had probable cause to search the car, suppression was denied.
