People v. Rosales CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On the afternoon of October 13, 2018, San Jose police officer Christopher Weber and his partner were on duty in a residential area that Weber knew to be controlled by Varrio True Norteño criminal street gang.3 Weber initiated an enforcement stop on a car driven by Rosales after observing him drive through a four-way intersection without stopping. Weber and his partner exited their patrol car and contacted Rosales, who was the sole occupant of the vehicle. Weber observed both gang paraphernalia and tattoos on Rosales consistent with the symbols and designs commonly used by members of the Varrio True Norteño gang. He also noticed a strong odor of marijuana as soon as he approached the vehicle. As Weber spoke to Rosales, he saw that there were multiple jars in the car, and he noticed that there was an odor of marijuana “spread throughout the vehicle.” Two of the jars were in the pocket of the driver’s door. One of those jars was open and there was amber colored material within it. In the cup holder there was paper that had the same amber color, and he also observed amber waxy material “all over” the cup holder. Based on his training and…