Probable Cause
Sufficient reason, based on existing facts that a crime has been committed or that property is evidence of a crime. A required element for a legal search and seizure.
What is Probable Cause?
Differs from arrests in that they occur in public places and are shorter in duration
What is a Stop?
This California Proposition, passed in 2016, legalized marijuana under state law, for use by adults 21 or older
What is Proposition 64?
This California case stands for the proposition that there must be additional evidence beyond the mere possession of a legal amount for there to be probable cause to believe there is more marijuana in a suspect’s vehicle
a legal document authorizing a law enforcement official to conduct a search
What is Search Warrant?
This exception permits a warrantless search of a vehicle if there is probable cause to believe that the vehicle contains evidence of a crime
What is Automobile Exception?
In California, one factor that may give law enforcement probable cause to search a vehicle for marijuana
What is smell/odor of marijuana?
This California case supports that an officer’s observation of an open or unsealed container of marijuana provides sufficient probable cause to believe the passenger possessed other open containers
What is People v. McGee?
"The right of people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."
What is the Fourth Amendment?
Officers must obtain it voluntarily but need not warn of the right to refuse
What is Consent?
How marijuana must be transported in a vehicle to comply with the law
What is in a Sealed Container?
This California case held that the odor of marijuana in the vehicle, coupled with the plain sight observation of marijuana, supplied probable cause for officers to search the entire vehicle
What is People v. Waxler?
Police officers may relay on these four things to create probable cause
What is what they see, smell, hear, and taste?
This class of persons have diminished Fourth Amendment rights
Who are Parolees and Probationees?
The legal standard law enforcement must meet to establish probable cause for a search related to marijuana in California
What is a reasonable belief that a crime, such as marijuana possession, is occurring or has occurred?
This California case ruled that no probable cause existed to justify the automobile exception search when the smell of burnt rather than fresh or recently burnt marijuana was detected
What is Blakes v. Superior Court?