Pressey

Appellant Sandy L. Pressey pled no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and misdemeanor driving under the influence of drags (Veh. Code, § 23152, subd. (a)), and was placed on probation. He contends that the court erred in denying his motion to suppress evidence. The principal issue is whether probable cause to believe that a person uses illegal drags automatically provides probable cause for a warrant to search the person’s home for those drags. We hold that it does not.

I. Record

Appellant’s motion sought to quash a warrant that was issued to search his residence; the motion was based entirely on the warrant and the supporting affidavit of Napa Police Officer Brian Campagna. Campagna stated that he and Sergeant Donaldson were riding in an unmarked police vehicle around 4:30 p.m. on April 11, 2001, when they noticed appellant driving erratically and requested a marked police car to pull him over. Officer Rosin responded and stopped appellant. When Rosin and Campagna approached the car, they detected a strong odor of marijuana. Rosin determined that appellant was driving under the influence of marijuana and a central nervous…