C.D.Cal.: Even though California recognizes recreational marijuana, smell is still RS of driving under influence

Even though recreational use of marijuana is recognized in California, smoking while driving is still an offense, and smell is at least reasonable suspicion. United States v. Pearson, 2017 U.S. Dist. LEXIS 65260 (C.D. Cal. April 28, 2017).*

“Based upon Detectives Crappell’s personal knowledge gleaned from the surveillance and investigation of Defendant’s narcotics activities at the two residences, the independent corroboration of the RCI’s tips and information was sufficient to establish the RCI’s veracity, reliability, and basis of knowledge. [All this was probable cause.] … The officer’s reliance on the search warrants, as supported by the extensive and specific facts contained in the affidavits, was therefore objectively reasonable.” United States v. Druilhet, 2017 U.S. Dist. LEXIS 66064 (W.D. La. March 31, 2017).*

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