In re Jose T. CA2/6

Good Law
Court of Appeal of CaliforniaJune 22, 2015B259052California1,078 words

Opinion

Opinion

Yegan, J.

Facts In December 2012 Officer Christopher Martin of the Simi Valley Police Department stopped a vehicle because it did not have a front license plate. Appellant was the driver. Upon contacting appellant, Martin smelled an odor of marijuana coming from inside the vehicle. Appellant admitted possessing marijuana and handed Martin "a cylindrical-type object that contained the marijuana." Appellant said he was 17 years old and did not have a "prescription" for the marijuana. Officer Martin arrested appellant and, "incident to [the] arrest," searched his cell phone. Martin saw "some text messages on the cell phone that were consistent with [appellant] being involved in selling marijuana." Martin searched the vehicle and found a scale with marijuana residue on it. He searched appellant and found $500 in cash. Appellant said that he had been selling marijuana "to kids at his school" and had been "making about a thousand bucks a month." The $500 on his person "was profit from selling marijuana." Standard of Review "In reviewing a trial court's ruling on a motion to suppress evidence, we defer to that court's factual findings, express or implied, if they are supported by…

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