SKIP TO CONTENT
We use both our own and third-party cookies for statistical purposes and to improve our services. If you continue to browse, we consider that you accept the use of these.

  • Celebrating 20 Years of Training Excellence 2004-2024

REGISTER
REGISTER

Search for Marijuana

Dec 1, 2017 — By Charles Gillingham — pdf

To the dismay of some, the California voters passed Prop 64, marijuana legalization initiative. As a result, search incident to arrest of the possession of marijuana is no longer legally valid under the Fourth Amendment because officers cannot take suspects into custody. So, under what circumstances may officers search for marijuana now that it is legal?

There are seven situations set forth in the Health and Safety Code that allow for probable cause searches for marijuana. In these instances, the possession of marijuana is illegal.

Possession of more than an ounce of marijuana. Possession of more than an ounce remains an infraction, thus a probable cause search is permitted. How do you prove that? Good luck. You will probably have to see the marijuana or get a statement from a percipient witness about the amount.

Minor in possession. A minor cannot possess marijuana. At all. Probable cause to believe an individual is a minor would provide the ability to conduct a search.

Open container in car. An open container of marijuana is illegal. Like alcohol, an open container would provide probable cause to search and seize the container contained in the car. It might also provide reasonable suspicion to believe other evidence of the crime might be found in the car.

Using in a car. MJ may not be consumed in a car and would provide PC to search.

DUI-MJ. If officers have PC to believe driver was under influence of MJ a probable cause search of car would be permitted.

Marijuana in school. MJ cannot be ingested on school grounds. A PC search follows if someone is ingesting on campus.

Marijuana in public. Ingesting MJ in public is prohibited. A search for MJ is legal if someone is ingesting in public.

Please see Health and Safety Code sections 11362-11362.5

As always, good luck, be safe. The trend is against law enforcement in the State of California-next month we have some additional bad news to discuss regarding Miranda and Juveniles, specifically, the general prohibition against taking Miranda waivers from “children” under 16.

 

  • Your training gave me the confidence and tools to interview the suspect for over 5 hours and to bring a closure to the case.

    —Daniel Phelan, San Jose Police Department

  • I will continue to use and pass on this information because I really believe in the instructors and their approach.

    —Kimberly Meyer, Washoe County Sheriff's Department

  • It not often that you go to a training that you really, really want to pay attention to. Because of the high quality information and style of presentation, I knew that if I looked away I was going to miss out.

    —Quinten Graves, Oregon State Police

  • Incredible training with amazing real world instruction. I have been taking law enforcement classes for over 30 years and by far this is the best presented and most useful.

    —Det. Brian Dale, Portland Police Bureau

  • The information presented was highly relevant to my job and was presented in a manner that was organized and very easy to digest.

    —Michael McGarvey, California State Prison, San Quentin

  • This was, by far and away the best training I have received in 15 plus years of Law Enforcement. The instructors are experienced, engaging, articulate, and very entertaining. I will be recommending this training to multiple agencies.

    —Mark Paynter, Oregon DOC

  • Your training has made the greatest and most direct impact on my assignment of any training class that I've taken.

    —Ken Gelskey, National City Police Department

  • This was, by far, one of the most useful training classes I've attended since becoming an investigator.

    —Steven Aiello, Antioch Police Department

  • This training by far has been the most informative and most effective I've attended. The instructors engaged the students in a manner that made me want to speak my opinion, ask questions, and participate.

    —Julio Ibarra, Merced County Sheriff’s Office

  • This training provided the useful tools necessary for assessing the veracity of a suspected child abuser, which goes a long way in helping to protect children.

    —Sunny Burgan, MSSW, LCSW, Social Work Supervisor, Santa Clara County DFCS

  • Effective teaching teams! The presentation of the material was consistently interesting, and intelligent without being too intellectualized.

    —Michele Keller, Deputy Probation Officer, County of Alameda

  • I highly recommend this training for any Probation staff who have the necessity to interview/interrogate individuals for investigation purposes.

    —R. Bret Fidler, Santa Clara County Probation Department

  • Instructional style is engaging and highly effective.

    —George Laing, Fire Prevention Captain, Investigator