P. v. Murphy
On August 7, 2007, a Marysville police officer stopped a car for lack of a registration sticker and a cracked windshield. The driver, Andre Price, was on searchable probation and the rear passenger, Adam Monroe, had an outstanding warrant from another county. Defendant, William Anthony Murphy, sat in the front passenger seat. After another police unit arrived, the officers requested that defendant get out of the car because it was going to be searched. As defendant did so, Marysville Police Officer Christian Sachs smelled fresh marijuana on defendants person. Officer Sachs patted defendant down for weapons and found none. When the officer asked defendant about the smell, defendant did not respond. When the officer expressed his belief that defendant had marijuana on his person, defendant admitted that he had a little bit. The officer asked if it was about an eighth of an ounce and defendant agreed. The officer asked for the marijuana and defendant reached into his pocket, retrieved a bag containing 5.75 grams of marijuana, and gave it to the officer. The officer handcuffed defendant and then searched him, finding a zippered wallet containing a plastic bag with 7.11 grams of methamphetamine and a digital scale with powdery residue. An information charged defendant with transportation of methamphetamine, possession of methamphetamine for sale, possession of methamphetamine, and possession of not more than one ounce of marijuana. (Health & Saf. Code, 11379, subd. (a), 11378, 11377, subd. (a), 11357, subd. (b), respectively.) The judgment is affirmed.
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