769 S.E.2d 854
S.C.2015Background
- Morris was stopped for following too closely while driving a rental car with Nichols as passenger; officers approached and ran license/registration.
- Officer Vinesett detected a marijuana odor, observed hollowed-out Phillies Blunt cigars, empty Red Bull cans, and inconsistent travel stories; officers called a K-9 unit.
- A consensual frisk of the occupants yielded no contraband; a drug dog circled the vehicle twice and did not alert; Nichols refused vehicle consent to search.
- Officers searched the vehicle without a warrant, found 393 ecstasy pills in a gift bag in the trunk; after arrest a further search found ~½ pound of marijuana under the spare tire.
- Morris moved to suppress; the trial court denied the motion (crediting Vinesett’s testimony), the court of appeals affirmed, and the Supreme Court granted certiorari and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to extend the traffic stop | Morris: officers lacked particularized suspicion; stop was unlawfully prolonged | State: odor of marijuana, hollowed blunts, inconsistent stories, rented car, Red Bull cans gave reasonable suspicion | Court: Affirmed — totality of circumstances supported reasonable suspicion; 13-minute stop not unduly long |
| Whether officers had probable cause to search the entire vehicle (including trunk) | Morris: no probable cause to search trunk after no alert by drug dog and no drugs found in passenger compartment | State: cumulative indicators and officer training justified belief contraband (raw marijuana) could be in vehicle, so probable cause existed | Court: Affirmed — probable cause supported a warrantless search of whole vehicle despite dog’s failure to alert |
Key Cases Cited
- United States v. Cortez, 449 U.S. 411 (totality-of-circumstances test for reasonable suspicion)
- Ornelas v. United States, 517 U.S. 690 (probable cause assessed by objective, commonsense standard)
- United States v. Ross, 456 U.S. 798 (scope of vehicle search defined by locations where probable cause exists)
- Illinois v. Caballes, 543 U.S. 405 (dog sniff and related Fourth Amendment principles)
- State v. Provet, 405 S.C. 101 (reasonableness of traffic-stop duration and off-topic questioning)
- State v. Weaver, 374 S.C. 313 (warrant requirement and recognized exceptions)
- State v. Gamble, 405 S.C. 409 (State must show probable cause and applicable exception for warrantless vehicle search)