California Court of Appeal

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People v. Waxler, A137796

The trial court properly denied defendant's motion to suppress, where: 1) under the automobile exception to the warrant requirement, a law enforcement officer may search a vehicle when he or she has probable cause to believe it contains contraband or evidence of a crime; 2) the odor of burnt marijuana emanating from a vehicle and the observation of burnt marijuana in a pipe inside the vehicle create probable cause to search that vehicle pursuant to the automobile exception to the warrant requirement, notwithstanding the fact that possession of not more than an ounce of marijuana is an infraction punishable by a fine; and 3) possession of a "215 card" does not vitiate probable cause to search pursuant to the automobile exception.

Appellate Information

  • Decided 03/11/2014
  • Published 03/11/2014

Judges

  • JONES

Court

  • California Court of Appeal

Counsel