A car in Berkeley is stopped by city police on DUI patrol, and discovers that its interior smells of pot. The resulting search results in the discovery of an illegal gun. Would such a search hold up in court?
In a precedent-setting decision published this week, the Appellate Division of Alameda County Superior Court ruled no.
Southern California Public Radio
- In December, the court ruled that, because “marijuana and alcohol now receive similar treatment under the law,” the Berkeley cop who stopped a University Avenue driver in September 2017 — Andre Shumake — had no right to conduct a full-on search.
- The recovered loaded pistol cannot be admitted as evidence in any prosecution of Shumake.
