P. v. Martin
Police conducted a traffic stop after noticing a car, in which defendant Allen Martin was a passenger, had numerous cracks in the front windshield which impaired the drivers vision. When the officer approached the car, the driver identified herself and said she intended to have the windshield repaired the next day. The officer noticed a strong odor of burnt marijuana coming from inside the car. The driver indicated she had a Proposition 215 authorization to use medical marijuana, but did not have documentation in her possession to confirm that claim. The officer ran a check on the license of the driver as well as defendants license, and then instructed defendant to step out of the vehicle. When asked if he had any weapons or drugs, defendant replied, No, and agreed to let the officer search him. When defendant placed his hands on the car, the officer noticed a glass pipe used to smoke methamphetamine sticking out of defendants pocket. Defendant also appeared to the officer to be under the influence of drugs. The officer placed defendant under arrest and searched him, finding a black pouch containing methamphetamine inside his back brace. Several weeks later, after being released on bail, defendant was arrested when he was observed driving erratically and then attempted to evade arrest. The judgment is affirmed.
Comments on P. v. Martin