People v. Gregg

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 was appellant, speeding west bound on Highway 120 in Stanislaus County. The officers clocked the vehicle at 73 miles per hour. They followed the vehicle as it turned right…