California Supreme Court Rules Police Need More Than Loose Marijuana to Search Vehicle
In a unanimous decision, the California Supreme Court has ruled that police cannot search a vehicle solely because of loose marijuana found inside, unless the marijuana is in a condition that is ready to be consumed. The court’s reasoning is that loose marijuana, like spilled beer, is not readily consumable and does not constitute an open container violation.
The ruling stems from a case in Sacramento where police stopped a car and searched it, finding 0.36 grams of marijuana crumbs on the floorboards of the backseat. The driver had not been driving erratically, and her registration and license were unblemished. The court found that there was no evidence to suggest that the marijuana was readily accessible or could be consumed with minimal effort.
The court also ruled that the officers did not have probable cause to search the car in the first place, as there was no evidence of paraphernalia or other indicators that the marijuana was being consumed or prepared for use.
This decision is significant as it clarifies the boundaries of what constitutes an open container violation under California law. It also underscores the importance of ensuring that police searches are based on reasonable suspicion and not simply on the presence of loose marijuana.
Recreational marijuana has been legal in California since 2016, but it remains illegal under federal law. The case highlights the ongoing challenges and nuances surrounding marijuana use and possession in the state.
