People v. Cruz CA4/2

BACKGROUND

On November 10, 2012, Officer Crystal Gonzalez was on patrol in the area of

Frisbee Park in Rialto. While entering the parking lot, she passed closely by a van that

was exiting. Driving around five miles per hour, with both her windows and the van’s

windows rolled down, she noticed the strong smell of marijuana coming from the van.

After pulling the van over, she asked the driver about the smell, and he replied that they

had “just finished smoking a blunt.” She obtained consent to search the vehicle for

illegal contraband and asked the driver and his three passengers to sit on the curb while

she conducted her search. At this point, nobody was free to leave. The vehicle search

lasted “five to ten minutes.” After finding no contraband or illegal substances in the

vehicle, Officer Gonzales then gained permission to search the defendant. Before

beginning her search, defendant informed her that he had cocaine in his front pocket. She

then recovered a small baggie of a white substance, and arrested defendant for possession

2 of cocaine. Officer Gonzalez’s field test and the crime lab results of the testing of the

powder recovered from defendant were positive for…