ROBEY v. SUPERIOR COURT

No. B231019.

200 Cal.App.4th 1 (2011)

132 Cal. Rptr. 3d 510

KEWHAN ROBEY, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

As modified November 15, 2011.


Attorney(s) appearing for the Case

Raimundo Montes De Oca , Interim Public Defender, and Patricia Dark , Deputy Public Defender, for Petitioner.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, James William Bilderback II , and Thomas C. Hsieh , Deputy Attorneys General, for Respondent.

Joyce E. Dudley , District Attorney, and Michael J. Carrozzo , Deputy District Attorney, for Real Party in Interest.


OPINION

GILBERT, P. J.

Petitioner Kewhan Robey consigned a sealed package to a common carrier for shipment. The package reeked of marijuana. The carrier notified the police, who seized the package and later opened it at the police station. The police did not seek a warrant even though no exigent circumstances existed at the time of the search.

Was the warrantless search justified based on smell alone? Not according to the California...

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