People v. Rodgers CA6

I. FACTS

On the morning of January 25, 2016, police officers responded to a report that a man and a woman in a car parked in a residential neighborhood were “taking their clothes off inside of the vehicle.” When a police officer approached the car, he saw that defendant was sitting in the car with a woman. Defendant rolled down the window, and the officer immediately smelled unburned marijuana coming from the car. He asked defendant about the marijuana, and defendant pulled a small baggie of 1 marijuana out of the center console and showed it to the officer. Defendant claimed to have a medical marijuana card, but he did not provide one. A nonconsensual search of the car ensued, which turned up cocaine base, methamphetamine, and more marijuana, along with multiple cellphones. The cocaine base was individually packaged in 16 baggies, each of which contained one rock. The bag of methamphetamine weighed 4.5 grams. No medical marijuana card was found. On May 1, 2016, shortly before 11:00 p.m., defendant was driving a car with Cherie Taylor as his passenger when they were pulled over by the police after defendant failed to stop at a stop sign. After the police initiated the stop,…