In re Randy C.

DISCUSSION

Defendant seeks reversal of the order denying his motion to suppress, vacation of his admissions to the allegations against him, and vacation of the wardship petition. Defendant reasons the police search of his vehicle was not justified since the marijuana that was discovered was in the exclusive possession of the adult passenger, there was no substantial evidence that the marijuana was of an illegal amount or in an open container, and the odor of marijuana without evidence of illegal activity does not furnish probable cause to search a vehicle for additional marijuana.

I. Legal Framework.

The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures. (U.S. Const., 4th Amend.) To

2 that end, an officer generally must secure a warrant before conducting a search of private property. “Warrantless searches ‘are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.’ (Katz v. United States (1967) 389 U.S. 347, 357 [19 L.Ed.2d 576, 88 S.Ct. 507], fns. omitted; [citation].)” (People v. Lopez (2019) 8 Cal.5th 353, 359.) The prosecution bears the burden of…