• Loose Cannabis in vehicle
• Vehicle Searches 
• Probable Cause Vehicle Searches

Loose Cannabis Scattered in Vehicle Passenger Area Constitutes Probable Cause to Search 

Officers stopped a vehicle for a stop sign violation. Upon contact, both the driver and passenger (the defendant) appeared nervous. Both told officers there was no cannabis in the vehicle. However, in plain view officers could see a tray commonly used for rolling cannabis joints with a residue consistent with cannabis use, and crumbs of green, loose cannabis scattered on the rear floorboard. Round, circular nuggets of suspected cannabis were on the passenger floorboard, ultimately 0.36 grams. A further search for more cannabis recovered a handgun under the passenger seat. There was no fresh odor of cannabis coming from the passenger area and no additional cannabis or rolling/smoking materials were found during the search. 

On appeal, the defendant contended that the “stray cannabis,” a lawful possession amount, did not constitute probable cause to further search the vehicle. 

The 3DCA ruled the visible, loose cannabis, even if initially observed as a legal possession amount, gave rise to probable cause to believe there was more cannabis in the passenger area (11362.3(a)(4) H&S). The “totality of circumstances,” including the occupant’s nervous demeanor, false statements about presence of any cannabis in the vehicle and the officer’s observations of the rolling tray, residue and a usable amount of loose cannabis crumbled about the passenger area, supported a further search for more cannabis. 

LegalUpdates has published several cases on what constitutes an “open container” (a rolled joint, ½ a burned blunt or roach, a plastic baggie open at the top) versus what is a “closed container” (a closed plastic tub, plastic bag knotted at the top, sealed zipper bag, a prescription bottle closed at the top. A container of cannabis is not “open” just because it can be easily accessed or may have been previously accessed and the top retightened or bag sealed.  

For further review: 

• Creative Defense Theory Contends a Wrapped Marijuana Cigarette Isn’t an Open Container – LUPC Ref. #CAC0014, 5/30/24 
• Searches of Vehicles and Marijuana and Persons Under 21 Years – LUPC Ref. #CAC00097, 3/29/23 
• California Cannabis Laws and Vehicle Searches – LUPC Ref# CAB00107, 1/22/22. 
• Bob Phillips – “The Fourth Amendment and Search and Seizure” update March 2024, pages 1631-1639.