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• The Automobile Exception: <br /> o People are not containers. <br /> o The automobile exception does not extend to people.To search people,there must be another <br /> exception,such as a search incident to arrest or a Terry pat. <br /> o As noted above,the odor or M.J.and observations of drug paraphernalia may still be relied upon in <br /> forming Probable Cause to search a vehicle under the Automobile Exception. <br /> o Purses inside a vehicle can be searched under the automobile exception if there is probable cause <br /> to believe the car contains a controlled substance and the purse was a container within that car.See <br /> State v.Barrow,989 N.W.2d 682(2023). <br /> • The Automobile Exception vs.an Inventory Search: <br /> o If a vehicle is being searched pursuant to an Inventory Search and not under the Automobile <br /> Exception,passengers cannot be directed to leave personal belongings in the vehicle so they can be <br /> searched if they are being allowed to leave the scene. <br /> o EXCEPTION:Terry Frisk/Officer Safety—must articulate reasoning. I. <br /> • Consent Searches: <br /> o"If a third-party consents to the warrantless search of another individual's personal items,the <br /> government must demonstrate,in order to save the search,that the consenting party"possessed <br /> common authority over or other sufficient relationship to the premises or effects sought to be <br /> inspected."State v.Frank,650 N.W.2d 213(2002) <br /> • Open Packages of Marijuana in Vehicles: <br /> of169A.36 Subd.2-governs use of marijuana products in a motor vehicle. <br /> of169A.36 Subd.3-governs packaging requirement of marijuana products in a motor vehicle. <br /> ■ Prohibits the possession of any cannabis flower,cannabis product,lower-potency hemp <br /> edible,hemp-derived consumer product,or any other product containing an artificially <br /> derived cannabinoid in a motor vehicle that <br /> (1)is in packaging or another container that does not comply with the relevant packaging <br /> requirements in chapter 152 or 342; <br /> (2)has been removed from the packaging in which it was sold; <br /> (3)is in packaging that has been opened or the seal has been broken;or <br /> (4)is in packaging of which the contents have been partially removed. <br /> o Same as open containers of alcohol.Does not apply to the trunk area. <br />