How has the court determined probable cause to search defendant's car?

California, United States of America


The following excerpt is from People v. Lopez, C090375 (Cal. App. 2020):

Based on the totality of the circumstances, we conclude Officer Velarde established probable cause to search defendant's car. Defendant's failure to pull over, movement of the bag from the front to the back of the car, the strong smell of marijuana, and the small amount defendant presented to Officer Velarde are all part of the "historical facts" of the interaction which, "viewed from the standpoint of an objectively reasonable police officer, amount[ed] . . . to probable cause." (Ornelas v. United States, supra, 517 U.S. at p. 696 [134 L.Ed.2d at p. 919].) Accordingly, we affirm the denial of defendant's motion to suppress.

Other Questions


If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
In what circumstances will the court order a search of a vehicle and search of the vehicle of a man who has been detained without probable cause to suspect criminal activity? (California, United States of America)
Is there any case law where a probable cause hearing conducted by the Superior Court of California Probable Cause Officer (PCCO) was conducted as a pro forma interview rather than a fact-finding hearing? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
Does the subsequent detention, questioning and search of defendant's person pursuant to the execution of the search warrant pursuant to probable cause? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
Does a defendant have to submit an appeal to the Court of Appeal against a finding of probable cause under California Penal Code section 1202.1? (California, United States of America)
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