In what circumstances will a police officer have probable cause to search and arrest a man who has recently smoked marijuana?

In People v. Fitzpatrick, supra, 3 Cal.App.3d 824, a police officer stopped an automobile with one headlight out. When the driver rolled down the window, the officer smelled the odor of burned marijuana, most distinctively on the person of the driver when he stepped out of the car. (Id. at p. 825.) The officer searched the driver, reaching into a pocket of his jacket and finding a plastic bag of marijuana. He arrested the defendant and found another bag of marijuana in another pocket. (Ibid.) The court explained that upon smelling the odor of marijuana, the officer reasonably could infer that "one who has recently smoked a marijuana cigarette has others in his possession." (Id. at pp. 826-827) Thus, the circumstances provided the officer with probable cause to search and arrest the

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