Robey v. Superior Court
158 Cal. Rptr. 3d 261
Cal.2013Background
- FedEx package smelled of marijuana was dropped off for shipment to Illinois; Santa Maria police seized the unopened box without a warrant.
- Officers opened the box at the station and found 444 grams of marijuana; seizure occurred before any warrant was sought.
- Petitioner Kewhan Robey was later identified as the package’s recipient and arrested with related charges for possession and sale of marijuana.
- Superior Court denied suppression; Court of Appeal granted petition to suppress, finding no exigent circumstances justifying the search and that the odor alone did not justify a warrantless search.
- District Attorney sought review on whether mobility of a package justifies a warrantless search after seizure and whether plain odor alone can justify a search without a warrant.
- Court held: mobility may justify seizure but not the search once seized; plain odor argument forfeited; warrant required for opening the package.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May mobility of a package justify a warrantless search after seizure? | Robey | Robey | No; mobility justifies seizure but not search after seizure |
| Does plain smell of contraband alone justify warrantless search of a sealed package? | Robey | Robey | Forfeited; the court did not decide the plain-smell-alone theory |
Key Cases Cited
- McKinnon, 7 Cal.3d 899 (Cal. 1972) (overruled regarding mobility-based warrantless searches of shipments)
- Chambers v. Maroney, 399 U.S. 42 (U.S. 1970) (automobile exception and mobility rationale for warrants)
- Chadwick, 433 U.S. 1 (U.S. 1977) (footlocker search without warrant; distinctions from luggage in autos)
- Sanders, 442 U.S. 753 (U.S. 1979) (plain-odor/content-based limits; contents may not be inferred from appearance)
- Jacobsen, 466 U.S. 109 (U.S. 1984) (sealed-package privacy; warrant required to examine contents after seizure)