Criminal,
California Courts of Appeal
Dec. 9, 2020
Legal pot isn’t probable cause for a vehicle search
An appellate court recently ruled that the plain language of the law prevents the presence of marijuana, by itself, from constituting probable cause to search a vehicle.
Dmitry Gorin
Partner
Eisner Gorin LLP
Alan Eisner
Partner
Eisner Gorin LLP
On Sept. 3, 2018, defendant and appellant Dontaye T. Hall was driving in the San Francisco area when he was pulled over for a nonoperational license plate lamp. Officer Steve Colgan testified at Hall's preliminary hearing that as he approached the vehicle, he observed a clear plastic baggie containing a leafy green substance he believed to be marijuana in the center console. He also observed an ashtray filled with ashes and burnt cigar wrappers commonly used to roll m...
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