{"id":44882,"date":"2020-08-10T08:15:26","date_gmt":"2020-08-10T13:15:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44882"},"modified":"2020-08-10T12:07:24","modified_gmt":"2020-08-10T17:07:24","slug":"cal-3-plain-view-of-possession-of-more-than-a-recreational-amount-of-drugs-was-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44882","title":{"rendered":"Cal.3: Plain view of possession of more than a recreational amount of drugs was PC"},"content":{"rendered":"\n<p>Defendant\u2019s detention was reasonable, and, during the stop, three large bags of marijuana were seen on the floor of the car. Possession of under an ounce is legal, but this was more than an ounce, so continuing the detention for that was reasonable. <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/C087681.PDF\">People v. Tacardon<\/a>, 2020 Cal. App. LEXIS 736 (3d Dist. July 22, 2020, published Aug. 7, 2020).<\/p>\n\n\n\n<p>Defendant\u2019s ineffective assistance of counsel claim fails for his inability to show that the motion to suppress, if filed, would have been granted for lack of probable cause. Defense counsel relied on lack of standing as a guess, but there was probable cause even if he had standing [which he likely had]. <a href=\"https:\/\/www.gasupreme.us\/wp-content\/uploads\/2020\/08\/s20a0859.pdf\">Young v. State<\/a>, 2020 Ga. LEXIS 539 (Aug. 10, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s detention was reasonable, and, during the stop, three large bags of marijuana were seen on the floor of the car. Possession of under an ounce is legal, but this was more than an ounce, so continuing the detention for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=44882\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,20],"tags":[],"class_list":["post-44882","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44882","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=44882"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44882\/revisions"}],"predecessor-version":[{"id":44887,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44882\/revisions\/44887"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44882"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44882"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44882"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}