Is there any case law where a medical marijuana recommendation vitiated probable cause to search a vehicle?

California, United States of America


The following excerpt is from People v. Guzman, A140919 (Cal. App. 2016):

Respondent observes, as a preliminary matter, that appellant did not raise this argument in the trial court and that, in fact, defense counsel acknowledged that the odor of marijuana could give rise to probable cause to search a vehicle. Respondent therefore argues that appellant has forfeited the issue on appeal. (See Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 640 (Lorenzana).) Appellant acknowledges that he "did not raise the specific argument in his points and authorities that his medical marijuana recommendation vitiated probable cause to search his vehicle," but states that because he "did raise the argument that the odor of marijuana does not give rise to probable cause to search a person inside a vehicle," the trial court had sufficient notice of the argument he now raises.

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