Searches of Vehicles for Marijuana

Searches of Vehicles for Marijuana

H&S Code § 11362.1(c) and the Lawful Possession of Marijuana

Sealed vs. Closed Baggies of Marijuana in a Vehicle

The lawful possession of an ounce or less of marijuana in a vehicle does not, by itself, provide the necessary probable cause to search the vehicle.  A baggie of marijuana found in a vehicle need not be sealed to be lawful, so long as it is not actually open when observed.

At about 11:00 p.m. on September 3, 2018, San Francisco P.D. Patrol Officer Steve Colgan and his partner observed defendant Dontaye T. Hall driving a vehicle with a license plate light out.  Initiating a traffic stop and contacting defendant, Officer Colgan observed in plain sight in the center console “a clear plastic baggie, inside of which was a green leafy substance” which appeared to be . . . (are you ready for this ) . . . MARIJUANA!  He also saw in the cup holders “an ashtray filled ....