Mendo Case May Set Precedent for Vehicle Search Laws

A criminal case out of Mendocino County may set precedent for marijuana law in the state. In People v. Hawkins, Judge Ann Moorman ruled to suppress evidence used to charge Kevin R. Hawkins, 55 of Cloverdale with possession of meth.  The unique question before the court was whether the admission of the presence of marijuana alone provides law enforcement with probable cause to search the defendant’s car.  An officer pulled Hawkins over after a simple traffic violation upon which he provided the officer with valid driver’s license, registration, and proof of insurance. The officer did not see any evidence of contraband or smell the odor of marijuana as he later testified in court. At some point in the interrogation, the officer asked Hawkins if he had anything illegal in the vehicle and the topic of marijuana came up. Hawkins admitted to having less than an ounce of medical marijuana and gave the officer his valid medical marijuana card. The officer then said, “the practice had changed in that the county no longer issued such cards” and that he
would not honor Hawkins’ recommendation. The officer then opted to search the car regardless of the documentation that Hawkins produced “because he admitted to having marijuana in his car.” Judge Ann Moorman suggested that the doctor’s recommendation to use medical marijuana was not immunity from a search, but coupled with testimony and evidence was enough to throw out the evidence (Meth) the police officer found. If no appeal is filed by the state, this case will become precedent in California. To read more check out http://www.willitsnews.com/marijuananews/ci_24489469/mendocino-county-medpot-ruling-may-set-new-precedent