The case at issue was out of Sacramento, where police officers stopped a car and searched it, finding 0.36 grams of marijuana crumbs on the floorboards of the backseat, along with a tray on which to roll joints. The driver hadn’t been driving erratically, her registration and license were unblemished and she had no warrants out.
“No officer suggested he was concerned that (the driver and passenger) could have somehow, while riding in the front of the car, collected the scattered bits of marijuana from the rear floor behind (the passenger) for imminent consumption,” the court ruled. “Nor was there evidence of paraphernalia, such as matches, lighters, rolling papers, blunts, or vaporizers, that could facilitate the marijuana’s consumption.”
The Supreme Court also found that the officers did not have probable cause to search the car in the first place. The police had argued that the driver’s nervousness and possession of a rolling tray was sufficient to search the car, an argument the court rejected.
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.