People v. Morse CA3

FACTS

Traffic stop Defendant and Justin James Castleman were stopped by California Highway Patrol (CHP) Officer Sean Gotts on July 22, 2011, and found with large amounts of cash, marijuana, and indicia of drug sales. Gotts saw Castleman driving a BMV without a rear license plate at 82 miles per hour, and pulled him over; defendant was in the front passenger seat. Gotts smelled unburnt marijuana. When Castleman produced a California Identification Card instead of a driver’s license, Gotts asked for and received the car keys, and asked Castleman where the marijuana was. Castleman opened the center console and produced a baggie of marijuana and a photocopy of a physician’s medical marijuana recommendation card. When asked if there was more marijuana in the car, Castleman said no. Defendant told Officer Gotts that he did not have identification with him, but when Gotts expressed doubts, defendant reached behind the driver’s seat and produced a credit card with his name on it. When Gotts asked where defendant had found the card, defendant did not answer and Gotts had to repeat himself before defendant said, “From behind the driver’s seat.” Defendant was extremely nervous and shaky,…