California, United States of America
The following excerpt is from Marshall K., In re, 14 Cal.App.3d 94, 92 Cal.Rptr. 39 (Cal. App. 1970):
It appears to us that the officer had probable cause to check the sun visor when the circumstances are considered in their totality, namely, the furtive movements by Gentry after the red light was flashing, the denial of such movements by Gentry and appellant, recognition of appellant, by name, and Gentry as persons mentioned in narcotics violations, and the fact that the car could be driven away before a search warrant could be obtained. (People v. Barrett, Supra, 2 Cal.App.3d 142, 146, 82 Cal.Rptr. 424.) Lowering the sun visor exposed the marijuana, which justified the arrest and the further search of the car. It follows that the bag of marijuana found in appellant's pocket, upon search after arrest, was properly received in evidence.
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