Can a search warrant be used to search a car containing marijuana?

California, United States of America


The following excerpt is from People v. Johnson, 264 Cal.Rptr.3d 103, 50 Cal.App.5th 620 (Cal. App. 2020):

the marijuana establish probable cause. We are not persuaded. While defendant's actions justified his arrest for resisting an officer, his response did not provide probable cause to search the car for contraband or evidence of a crime. (See People v. Evans , supra , 200 Cal.App.4th at p. 754, 133 Cal.Rptr.3d 323 [the defendant's failure to cooperate justified his arrest for resisting an officer but was "insufficient to warrant a reasonable person in the belief there was contraband

[264 Cal.Rptr.3d 116]

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