Sellers
Sellers v. Super. Ct.
Opinion
Opinion
BACKGROUND FACTS AND PROCEDURE
On November 5, 2021, around 4:30 p.m., defendant was riding in the front passenger seat of a vehicle that was stopped by police for a minor traffic infraction (Veh. Code § 22450 [limit line violation]). Aside from the traffic violation, there was nothing suspicious about the vehicle. During the traffic stop, three police officers emerged from the patrol car and approached the vehicle. Officer Conner Mills approached the driver’s side of the vehicle, while Officers Derek Goetting and Mark Thrall approached the passenger side. Officer Mills contacted the female driver and explained the reason for the traffic stop. The driver was sweating and both defendant and the driver appeared slightly nervous. Officer Mills requested a driver’s license and asked if there was any marijuana or anything illegal in the vehicle. The driver said no. However, Officer Mills could see in the back of the vehicle a tray commonly used for rolling marijuana cigarettes or blunts.1 The tray was covered in a sticky residue consistent with marijuana. Officer Mills found the presence of the tray suspicious given the driver’s statement that there was no marijuana in the vehicle.