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.
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