A recent court filing reveals a contentious legal battle over the warrantless search of a vehicle that led to the discovery of a firearm and marijuana. The complaint, filed by Davonyae Sellers in the Court of Appeal of the State of California, Third Appellate District, on August 22, 2024, challenges the actions taken by Sacramento County police officers during a traffic stop.
On November 5, 2021, around 4:30 p.m., Sellers was riding in the front passenger seat of a vehicle stopped for a minor traffic infraction. Despite no initial suspicion beyond the traffic violation, three police officers approached the vehicle. Officer Conner Mills engaged with the female driver while Officers Derek Goetting and Mark Thrall approached from the passenger side. Officer Mills noticed that both occupants appeared nervous and saw a marijuana rolling tray in plain view through the rear window. This observation led to further scrutiny as Officer Thrall used his flashlight to spot loose marijuana scattered on the rear floorboard and under the front passenger seat.
The police officers concluded that these observations provided probable cause for a warrantless search. They asked Sellers and the driver to exit the vehicle and discovered a black nine-millimeter handgun under Sellers' seat along with approximately 0.36 grams of loose marijuana throughout the car's interior. Sellers was subsequently charged with unlawful possession of a firearm due to his prior adjudication as a ward of the court.
Sellers' defense team argued that there was no probable cause for this search, contending that small amounts of "stray marijuana" do not justify such an invasive action. They pointed out that California law decriminalizes possession of small amounts of marijuana for personal use and emphasized that there were no other indicators suggesting illegal activity or impairment.
However, both lower courts denied Sellers' motion to suppress evidence obtained from this search. The magistrate ruled that even after Proposition 64 decriminalized certain marijuana-related activities, possessing loose marijuana in an open setting within a vehicle remains illegal under Health and Safety Code section 11362.3 subdivision (a)(4). Thus, they concluded that probable cause existed based on totality-of-circumstances reasoning which included nervous behavior from occupants, false denial about marijuana presence in their statements to officers, visible paraphernalia like rolling trays coupled with usable quantities found inside their car.
In seeking relief from higher courts through writs mandamus/prohibition aimed at dismissing charges stemming from allegedly unlawfully obtained evidence; Sellers maintained his stance against how local authorities handled this case arguing broader implications regarding civil liberties when it comes down interpreting what constitutes 'probable cause' especially concerning cannabis post-legalization era laws versus traditional contraband interpretations still applied today by some jurisdictions nationwide.
Representing Sellers are Amanda M Benson (Public Defender) alongside Cecilia C Herrera (Assistant Public Defender), while opposing them is Attorney General Rob Bonta supported by Chief Assistant Lance E Winters along with deputies Michael P Farrell & Clara M Levers among others involved throughout proceedings thus far presided over primarily Judge Deborah D Lobre who initially oversaw matters before appellate review ensued leading up present developments now awaiting final adjudication pending outcome current appeal process underway officially logged docket identifier C100036