When a preliminary search of a car found seeds in the back of the vehicle found to contain marijuana seeds, is the preliminary search valid?

California, United States of America


The following excerpt is from People v. Almond, 239 Cal.App.2d 46, 48 Cal.Rptr. 308 (Cal. App. 1965):

The preliminary search of the car, thus, was valid. It is true that that search did not furnish a strong case for arrest. There is no showing that the officers had any training in, or knowledge of, narcotics to substantiate the belief that the seeds were marijuana, and the record shows no contention that, at any time prior to the search of the car, they suspected defendant of a narcotic involvement. In addition, [239 Cal.App.2d 49] although the cigarette, ultimately found, was shown to have been marijuana, the record is barren of any evidence or stipulation as to the actual nature of the seeds. However, the officer testified expressly, as above set forth, that he thought the seeds 'resembled marijuana.' He was not cross-examined as to his expertise or otherwise with reference to this opinion. Again, we cannot say that the trial court could not accept this unchallenged opinion testimony. The argument now made to us, based on language in People v. Cole (1952) 113 Cal.App.2d 253, 248 P.2d 141, is no more than an attempt to have us substitute our view of the evidence for that of the trial court--something which is beyond our authority to do.

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