People v. Carter

Opinion

FRANSON, Acting P. J.

Appellant pleaded guilty to possession of marijuana for sale in violation of Health and Safety Code section 11359 follow ing denial of a motion to suppress the discovery of the marijuana. He was placed on probation for two years on the condition that he serve one hundred twenty days in local custody. As we shall explain, the motion to suppress should have been granted because of the illegal conduct of the police officer in seizing the marijuana from appellant’s automobile. Accordingly, the judgment must be reversed.

On March 24, 1982, appellant was stopped by a…