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 with ashes,” “burnt cigar wrappers, commonly used to wrap marijuana,” and “a green leafy substance, that appeared to be broken up” in defendant’s lap.  Later, in his testimony, Officer Colgan admitted that he did not attempt to smell the cigar wrappers.  There was also no testimony about any smoke being observed or odors that might have been emanating from the vehicle or from defendant himself, or that there was any odor of marijuana at all; burnt or unburnt.  It was also admitted by Officer Coglan that defendant did not appear to be under the influence of anything.  The officer further admitted in testimony that he had no prior knowledge that defendant might be armed and/or dangerous.  It was also apparently assumed (there being no evidence presented on this issue) that the observed marijuana was less than an ounce.  It was therefore based solely upon the observed baggie of marijuana that the ....