Carter

Appellant pleaded guilty to possession of marijuana for sale in violation of Health and Safety Code section 11359 follow ing denial of a motion to suppress the discovery of the marijuana. He was placed on probation for two years on the condition that he serve one hundred twenty days in local custody. As we shall explain, the motion to suppress should have been granted because of the illegal conduct of the police officer in seizing the marijuana from appellant’s automobile. Accordingly, the judgment must be reversed.

On March 24, 1982, appellant was stopped by a highway patrolman because the car he was driving had an expired registration tag. The officer looked into the car and observed a beer bottle—opened and containing liquid-leaning against the transmission housing. After making a telephone call to confirm the ownership of the car, the officer went back to the car, opened the door, reached in and picked up a rolled up grocery bag from “Young’s Supermarket” to look for more alcohol. Upon opening the bag, the officer found several plastic baggies containing marijuana but no bottles. The officer then noticed two handrolled cigarettes and one partially burned cigarette on…