Ervin v. Virginia

Facts

On February 29, 2008, at 8:20pm, Officer O’Brien and Rad stopped Appellant for a traffic violation. As the officers approached the vehicle, the officers smelled “a strong odor of marijuana” through the cars open windows. Appellant was the sole occupant in the vehicle, and he did not do any discrete movements while the officers approached. Initially, the officers requested Appellants driver’s licenses and vehicle registration, but Appellant solely provide the officers with his licenses. Both officers searched the vehicle, took Appellants keys, opened the glove compartment with the key, and found the two bags of marijuana in the glove compartment, one with ten baggies and another with thirteen baggies, and the vehicle registration. The vehicle belonged to Appellants daughter mother, Tiffany Killabrew, who would regularly loan the care to various people, including Appellant. Ms. Killabrew testified that she loaned the vehicle to Appellant on February 29, 2008, sometime between 6:00pm and 7:00pm. Appellant denied ownership of the marijuana and claimed he was not familiar with the smell of it. The trial court found that the marijuana was subject to his dominion and control.