When a traffic warden stops a vehicle for a search because of the smell of marijuana in the vehicle, can a search warrant be used to search for the drug?

California, United States of America


The following excerpt is from People v. Longmire, B266083 (Cal. App. 2017):

As we have discussed, there was an objective manifestation that appellant may have violated Vehicle Code section 22400, subdivision (a). Thayer testified, and the trial court properly found, that appellant brought his vehicle to a complete stop so as to impede the normal and reasonable movement of traffic on West Boulevard, without activating his turn signal or otherwise signaling his intentions to other vehicles. Under these circumstances, the traffic stop was justified. Thayer's search of the vehicle was proper, because he "had probable cause to search [appellant's] car for marijuana after he smelled the odor of marijuana." (People v. Strasburg (2007) 148 Cal.App.4th 1052, 1059.) The trial court properly denied appellant's motion to suppress.

Page 13

The judgment is affirmed.

Other Questions


Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
When a motor vehicle is stolen, can the owner of the stolen vehicle ask for a warrant to search the vehicle's contents? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.