Supreme Court of California

Defendant's motion to suppress evidence of marijuana should be grated as evidence obtained as a result of a warrantless search when police seized a package from a private shipping company and discovered the drug inside, where: 1) although a container's mobility may constitute exigent circumstances sufficient to justify a warrantless seizure, it cannot alone justify a search of the container once it has been seized; 2) the District Attorney forfeited the plain smell argument by failing to raise it in opposition to defendant's motion to suppress in the superior court; and 3) because the District Attorney presents no other grounds to justify the search of the container, defendant's motion to suppress should be granted.

Appellate Information

• Decided 06/27/2013
• Published 06/27/2013

Judges

• LIU

Court

• Supreme Court of California

Counsel