The San Francisco Superior Court granted a motion to suppress a handgun found in a car that was searched by a Police Officer after he smelled the weaker odor of unburnt marijuana. The car, driven by a husband on a date-night with his wife, was stopped on the Embarcadero for not having current registration tags
The officer said he needed to search the car to determine if the driver had ingested marijuana and therefore was impaired and to determine compliance with the new marijuana laws. But, the officer did not observe any signs of impaired driving and the driver repeatedly denied that there was any marijuana in the car.
The officer searched the car and found three empty dispensary containers. He then continued his search and found a loaded handgun registered to the female passenger, in a closed back by her feet. He cited the passenger and arrested the driver, an ex-felon, for possession of the gun.