2021-IPG-51 (MJ CAR SEARCHES & NONCUSTODIAL SEARCHES OF PERSONS CITED FOR H&S 11550 VIOLATIONS)

This podcast of the Inquisitive Prosecutors’ Guide discusses (i) when officers have probable cause to search vehicles based on the odor or presence of marijuana in light of the all the most recent published and unpublished case law and Proposition 64 (which legalized possession and use of marijuana under certain circumstances) and (ii) when (or if) officers can search a person for evidence of drug use based on probable cause to believe the person is under the influence of unlawful drugs even when the officer is not going to make a custodial arrest.  The podcast features Santa Clara County Deputy District Attorney Melissa Castillo.