How have courts dealt with a motion to suppress evidence obtained during a search by a police officer at a motor vehicle stop?

California, United States of America


The following excerpt is from People v. Morgan, E059403 (Cal. App. 2015):

The driver moved to suppress the evidence obtained during the search. He argued that, once he had produced a card or prescription for medical marijuana, the officer had no right to detain, frisk, or search the driver or his car. The trial court denied the motion to suppress evidence, ruling that, once the officer had smelled the odor of marijuana coming from the parked car, the driver's possession of a marijuana card did not deprive the officer of the right to continue investigating the matter. After the trial court denied the motion to suppress, the driver entered a no contest plea and was placed on probation. (People v. Strasburg, supra, 148 Cal.App.4th 1052, 1056-1057.)

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