PEOPLE v. WAXLER

No. A137796.

224 Cal.App.4th 712 (2014)

168 Cal. Rptr. 3d 822

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL CLARENCE WAXLER, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

March 11, 2014.


Attorney(s) appearing for the Case

Stephanie M. Adraktas , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, René A. Chacón and Bruce Ortega , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

JONES, P.J.

The question in this case is whether 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. The answer is yes, notwithstanding the fact that possession of not more than 28.5 grams (an ounce) "of marijuana, other than concentrated cannabis,...

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