N.D.Cal.: Officer isn’t obliged to ask about MMJ card when he smells MJ coming from car

Odor of marijuana in car was still probable cause. “Johnson contends that Sergeant Simmont’s failure to ask whether Johnson carried a medical marijuana card undermined any finding of probable cause. But Johnson cites no authority for the proposition that Sergeant Simmont had an obligation to affirmatively seek out that information, rather than merely take it into account if furnished. (Nor has Johnson proffered any evidence that he, in fact, possessed a medical marijuana card.)” United States v. Johnson, 2016 U.S. Dist. LEXIS 176163 *3 n.2 (N.D.Cal. Dec. 20, 2016).