Is there any case law where a police officer failed to give a testimonial comparison between marijuana cigarettes and hand-rolled tobacco cigarettes?

California, United States of America


The following excerpt is from People v. Stanfill, 170 Cal.App.3d 420, 216 Cal.Rptr. 472 (Cal. App. 1985):

[170 Cal.App.3d 426] The failure of an officer to give a testimonial comparison between marijuana cigarettes and hand-rolled tobacco cigarettes was criticized in Thomas v. Superior Court, supra, 22 Cal.App.3d 972, 99 Cal.Rptr. 647. In that case, however, there was a total absence of evidence--other than the appearance of the cigarettes themselves--to constitute reasonable cause; the court appeared to concede that additional suspicious circumstances might have justified the officer's conclusion. (Id., at p. 977, 99 Cal.Rptr. 647.) Furthermore, one does not have to be an experienced narcotics officer to be aware that marijuana commonly is handrolled in white cigarette paper.

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