People v. Moore CA4/3

FACTS

Shortly after midnight, Officer Johnnie Mamon stopped defendant’s vehicle after observing an apparent traffic violation. Upon approaching the vehicle, Mamon noted odors of alcohol and marijuana. Defendant got out of his vehicle but did not exhibit symptoms of being under the influence. Mamon asked defendant if he carried anything that would cut or poke him, to which defendant responded he had two baggies of marijuana in his pocket. Mamon removed two Ziplock baggies, each containing approximately 1.4 grams from defendant’s front pants pocket. Defendant stated he had four more baggies under the floor mat and that he had a medical marijuana recommendation. Mamon concluded, based on the amount of marijuana found and the manner in which it was packaged, that defendant possessed the marijuana for sale and then placed him under arrest. Mamon read defendant his rights under Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694]. Defendant told Mamon he had been a truck driver but now sold marijuana for money. He was coming from a pool hall in Victorville

2 where he had sold marijuana. He told Mamon he would sometimes sell to persons with marijuana cards and…