P.

FACTS AND PROCEDURE

On January 14, 2009, a California Highway Patrol officer pulled over defendant

on Interstate 10 for following too closely behind another vehicle (Veh. Code, § 21703)

and having an obscured license plate (Veh. Code, § 5201). As the officer spoke to

defendant through the open passenger window of defendant‟s pickup truck, the officer

could smell marijuana inside the truck. The officer asked defendant to exit the truck and

began to write him a citation. As he did so, the officer asked defendant several general

questions about where he was going. Defendant said he was going to dinner with a

friend, but was unable to say where he was meeting the friend or where they were going

to eat. The officer thought defendant sounded evasive. The officer asked defendant if he

had any marijuana with him or in the truck. Defendant said he had some marijuana and a

pipe on him, but that he had a medical marijuana card.

Another officer arrived on the scene with a K-9 dog. At that point defendant

became very nervous and very sweaty, with beads of sweat dripping down his face. The

K-9 officer took the dog around to defendant‟s truck. The dog “alerted” on the…