PEOPLE v. GREGG

Docket No. 1739.

43 Cal.App.3d 137 (1974)

117 Cal. Rptr. 496

THE PEOPLE, Plaintiff and Respondent, v. CAREY LEE GREGG, Defendant and Appellant.

Court of Appeals of California, Fifth District.

November 15, 1974.


Attorney(s) appearing for the Case

COUNSEL

Martin & Cole and Dennis R. Watt for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Eddie T. Keller, Richard L. Adams and Charles P. Just, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

FRANSON, J.

This case presents the question of whether an officer's lawful observation of a few seeds of marijuana in the front seat of an automobile, coupled with the smell of freshly burned marijuana, furnished probable cause to search the trunk of the automobile. We hold that it does not.

On March 9, 1973, California Highway Patrol Officers Hughes and Wallace observed a vehicle with two occupants, neither of whom...

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