Sellers

Opinion of the Court by Liu, J.

Enacted as part of California’s legalization of marijuana, Health and Safety Code section 11362.3, subdivision (a)(4) makes it an infraction to have an “open container” of marijuana in a vehicle. The question before us is whether a small amount of loose marijuana scattered on the rear floor of a car violates that provision. We hold it does not. We further hold that the officers here lacked probable cause to conduct a search of the vehicle. I. This case arises out of a warrantless vehicle search. Three officers from the Sacramento Police Department pulled over the driver, Kayla Sepulveda, for failing to stop fully behind the limit line of a crosswalk before turning through an intersection. Defendant Davonyae Sellers was in the front passenger seat. Other than the traffic violation, there was nothing suspicious about the car. The officers approached the vehicle, one on the driver’s side and two on the passenger’s side. The officers shined their flashlights into the car and began questioning the occupants, asking if there was anything illegal in the car such as marijuana or guns. Sepulveda said no. A records check revealed no concerns, and Sepulveda…