People v. Dominguez CA6

I. FACTUAL BACKGROUND

Our summary of the facts is taken from the testimony at the March 15, 2013 suppression hearing. On August 17, 2012, California Highway Patrol Officers Michael Palma and Charles Rodriguez pulled Dominguez’s vehicle over for speeding. Officer Palma testified that Officer Rodriguez, who was driving their marked patrol unit, determined that Dominguez’s vehicle was travelling at 78 miles per hour in a 65 mile-per-hour zone by maintaining the same speed as the vehicle for five to eight miles. When Officer Palma approached the passenger side of the vehicle he smelled the odor of marijuana. The driver, who Officer Palma identified as Dominguez, admitted to having a small amount of marijuana in the vehicle. Officer Palma asked Dominguez to exit the vehicle, which he did. At Officer Palma’s request, Rafael Garcia, a deputy sheriff with the Monterey County Sheriff’s Department who had arrived on the scene shortly after the traffic stop, searched the vehicle. Deputy Garcia testified that he smelled marijuana upon approaching the vehicle and saw a marijuana pipe containing marijuana residue in the ashtray. Deputy Garcia opened a closed backpack sitting on the front…