The People v. Watrous CA4/3

DISCUSSION

1. Defendant’s Motion to Suppress Evidence a. Background Deputy Sheriff Hector Romero was the sole witness at the hearing on defendant’s suppression motion. Romero testified he was on duty and driving a marked patrol vehicle one evening in late November 2009 when he saw a vehicle driven by defendant with a plastic cover over the rear license plate and tinted windows. Based on these observations, Romero made a traffic stop. As Romero approached the car, defendant opened the driver’s side door, explaining his window was not working. Romero noticed the smell of fresh marijuana and asked defendant if he had been smoking it in his vehicle. Defendant admitted he had smoked marijuana earlier. As defendant was retrieving his vehicle registration and proof of insurance documents, Romero saw his medical marijuana card. Defendant explained he suffered from glaucoma and a doctor had given him a prescription to use it. Romero asked defendant if he had marijuana in the vehicle and defendant admitted “he had a little bit . . . .” Romero asked to see the marijuana. According to

2 Romero, defendant “hesitated for a minute, and then he said he didn’t really want to show it to me, but…