People v. Ryan CA1/3

DISCUSSION

Defendant’s sole contention on appeal is that the odor of unburned marijuana did not provide probable cause for the warrantless search of the vehicle he was driving. A. Standard of Review A defendant may challenge the reasonableness of a search and seizure by making a motion to suppress under section 1538.5 at the preliminary hearing. (People v. McDonald (2006) 137 Cal.App.4th 521, 529.) If the motion to suppress is denied, the defendant may renew the challenge by filing a section 995 motion in the trial court. (Ibid.) That is the course of action defendant followed here. “When a motion to suppress evidence under section 1538.5 is denied at the preliminary hearing and reviewed by the trial court in a section 995 proceeding, even though the appeal is from the trial court, we, in effect, review the magistrate’s decision directly, deferring to the magistrate’s factual findings.” (People v. Hawkins (2012) 211 Cal.App.4th 194, 200.) We draw all presumptions in favor of the magistrate’s factual findings and defer to any express or implied factual findings supported by substantial evidence. (Ibid.; People v. McDonald, supra, 137 Cal.App.4th at p. 529.) We exercise our…