Marijuana Stop and Warrantless Vehicle Searches
Following a traffic stop, officers searched Brandon Lance Lee’s car without a warrant and discovered 56 grams of cocaine, a firearm, and other items allegedly connected to drug sales. Lee moved to suppress the evidence, and the trial court granted his motion. The court rejected the State’s arguments that the search was valid under the automobile exception or as a valid inventory search.
Probable Cause and Marijuana Possession
In reviewing the case, the court emphasized that a small, legal amount of marijuana cannot serve as a valid basis for probable cause. Since California legalized marijuana in 2016, state law makes clear that lawful cannabis “is not contraband” and cannot justify detention, search, or arrest. (Health & Saf. Code, § 11362.1, subd. (c).)
Because Lee’s possession was minor and lawful, the trial court concluded that marijuana possession added little to the probable cause analysis. Other circumstances were also weak, so under the totality of the circumstances, officers lacked a fair probability that evidence of a crime would be found.
Inventory Search Argument
The People also argued that the search was valid as an inventory search. But the court found no community caretaking purpose. Instead, the officer’s conduct and statements made clear that the true purpose was to investigate Lee, not to secure his vehicle’s contents. This invalidated the inventory search claim.
Final Ruling
The appellate court affirmed the suppression of evidence, ruling that the warrantless marijuana stop and subsequent vehicle search violated Lee’s Fourth Amendment rights.
Citation: People v. Lee, 40 Cal. App. 5th 853, 856–57, 253 Cal. Rptr. 3d 512, 515 (2019).
Related Cases
Vehicular Searches: https://youtu.be/17btYF5d5hM
FAQ: Marijuana Stops in California
Can police search my car if they smell marijuana?
Not automatically. Since legalization, the smell of marijuana alone does not provide probable cause for a search unless other unlawful conduct is suspected.
Is marijuana possession still grounds for a traffic stop?
Possessing small, legal amounts is not grounds for a stop or search. However, officers may stop you for unrelated traffic violations and investigate further if other evidence arises.
What if marijuana is found along with other drugs?
If illegal narcotics are found, they may form the basis of probable cause. But marijuana alone, in lawful amounts, cannot justify a search.
Anton Vialtsin, Esq.
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