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BACKGROUND

On February 15, 2012, Highway Patrol Officer Jack Kemper was riding with Officers Insley and Burns, in a patrol car traveling northbound on Highway 29. The officers noticed a 2008 Honda Accord traveling in the number two lane because the driver was continually tapping the brakes. The officers followed the Honda as it exited

1 the highway in Yountville. The Honda came to a stop at the intersection of California Drive, but four feet beyond the limit line. The combination of the brake tapping and failure to stop at the limit line were “an attention getter” because brake tapping is a possible sign of impairment and the failure to stop at the limit line was a violation of Vehicle Code section 22450. As the Honda made a right turn onto California, Officer Insley, who was driving, activated the overhead lights. After proceeding through one more intersection, the Honda pulled over and came to a stop. Officer Kemper exited the patrol car and made contact with defendant. Kemper immediately observed smoke in the car, and a cigar-type residue and a small amount of a leafy green substance in a plastic bag on defendant’s lap, which Kemper suspected was marijuana. Upon running the…