Cal.3: Odor coming from a car and a baggie of MJ isn’t PC of a crime in a recreational MJ state

Because of legalization of recreational marijuana in California: “In summary, the facts in this case comprised of a parked car missing a registration tag and having an expired registration, the odor of marijuana emanating from the car, the observation of a tied baggie containing ‘a couple grams’ of marijuana in the car’s center console, and defendant’s actions outside the car in resisting the officers. The totality of these circumstances did not amount to a ‘fair probability that contraband or evidence of a crime’ would be found in defendant’s car. (Illinois v. Gates, supra, 462 U.S. at p. 238.) Accordingly, the search of defendant’s car violated the Fourth Amendment.” People v. Johnson, 2020 Cal. App. LEXIS 533 (3d Dist. June 15, 2020).

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