How have courts treated marijuana possession under Health and Safety Code section 11357?

California, United States of America


The following excerpt is from People v. Soberanes, 159 Cal.Rptr. 155, 97 Cal.App.3d Supp. 21 (Cal. Super. 1979):

1 Footnote 12 of Simon refers to the exception made in driving under the influence of alcohol and drug cases for search of autos and drivers for corroborating evidence. This exception to the general rule has not been expanded to public intoxication arrests, People v. Longwill (1975) 14 Cal.3d 943, 123 Cal.Rptr. 297, 538 P.2d 753 and People v. Maher (1976) 17 Cal.3d 196, 130 Cal.Rptr. 508, 550 P.2d 1044, and I see no reason to expand this exception to include arrests for possession of marijuana under Health and Safety Code section 11357.

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