Pаtrick Lane (Lane) was charged with the class C felony of possession of psilocybin mushrooms in violation of § 195.202, RSMo. Psilocybin is a cоntrolled substance. § 195.017.1(4)(w) (1994), RSMo. State Trooper Jack McMullin discovered the mushrooms during a search of Lane’s luggage which was found in the vehicle in which Lane was a passenger. The trial court granted Lane’s motion to suppress the psilocybin evidence сoncluding that the evidence had been obtained in an illegal search and seizure of his bag. We find the search did not violate the Fourth Amendment of the United States Constitution and, therefore, reverse and remand.
I.
Trooper Jack McMullin stopped the vehiсle in which Patrick Lane was riding on Interstate 44 in Greene County, Missouri, for failure to signal a lane change. While checking the driver’s vehiсle registration and license, McMullin noted that Lane’s eyes were bloodshot, a strong scent of deodorizer was emanating from the vehicle, and the driver appeared nervous. After completing the registration and driver’s license check, McMullin asked the driver if the vehicle contained anything illegal such as guns or drugs. The driver denied having illegal matter in the vehicle. The driver originahy rejеcted McMullin’s request to search the vehicle. After McMullin informed the driver that the vehicle would be detained until a police dоg could perform a “sniff search,” the driver granted permission for the search. McMul-lin found two small bags of marijuana in a duffel bag and а gallon bag of marijuana in the driver’s suitcase. McMullin placed the driver under arrest and asked Lane to drive the vehicle to Troop D headquarters. Lane agreed to do so.
II.
The State argues that Lane does not possess standing to challenge the search of the vehicle. This argument, however, is irrelevant to a determination of whether Lane has standing to make a Fourth Amendment claim under the facts of this case.
“[Cjapacity to claim the prоtection of the Fourth Amendment depends ... upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded space.”
Rakas v. Illinois,
III.
Although Lane has standing to сhallenge the search of his duffel bag, there was no constitutional violation in the search. The United States Supreme Court reсognized the “automobile exception” over 70 years ago in
Carroll v. United States,
Here, the driver initially granted permission to Trooper McMuliin to search the vehicle. During the search, Trooper McMuliin found a significant amount of marijuana. After that discоvery, he needed no permission to search Lane’s luggage. The marijuana established the necessary probable cаuse to search any container in the vehicle.
State v. Burkhardt,
IV.
Lane asserts that, even if McMuliin could have searched the vehicle and his bag at the sight of the original stop, McMullin’s “release” of the vehicle to Lane, pursuant to Lane’s agreement that he would drivе the vehicle to the station, revoked McMullin’s license to further search the vehicle upon arrival at Troop D headquarters. We disagree.
Moreover, even assuming that Trooper McMullin intended to release the vehicle to Lаne, probable cause to continue searching the vehicle at Troop D headquarters was not destroyed. Constitutionally sound probable cause is not dependent upon the subjective intentions of the officer. “Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.”
Whren v. United States,
— U.S.-,-,
V.
Trooper McMullin had probable cause to search the vehicle and any containers therein even after his arrival at Troop D headquarters. The psilocybin evidence was not obtained in violation of the Fourth Amendment. The judgment is reversed and the case is remanded for further proceedings consistent with this opinion.
