Cantor

A jury convicted defendant Alexander Rudolf Cantor of transporting and possessing cocaine for sale. The police found the cocaine in a closed container in the trunk of defendant’s car. Two weeks earlier, the police had found evidence of another drug offense in defendant’s home. Defendant contends the evidence from the searches of his car and residence should have been suppressed as the fruit of illegal searches and that the drug evidence from defendant’s residence was cumulative and more prejudicial than probative, violating his right to due process. We conclude the search of the container in defendant’s car exceeded the scope of his consent and reverse on that basis. In light of our conclusion, it is unnecessary to address defendant’s other contentions.

FACTS AND PROCEDURAL BACKGROUND

One evening, Police Officer Tom Weizoerick and his partner stopped defendant for driving violations. Based on defendant’s nervousness, his initial failure to yield after the officers had activated their overhead lights, his furtive movements, and the odor of marijuana, Weizoerick asked for and received consent to search defendant’s car. In the trunk of the car, Weizoerick found 201 grams…