Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The People v. David Allen Bly et al

December 5, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DAVID ALLEN BLY ET AL., DEFENDANTS AND APPELLANTS.



(Super. Ct. No. 09F6924)

The opinion of the court was delivered by: Mauro , J.

P. v. Bly

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendants David Allen Bly and Nathan Nopson were traveling on Interstate 5 when a California Highway Patrol officer stopped them for speeding. The officer smelled marijuana and Bly gave the officer a Washington medical marijuana card or recommendation. Although Bly refused permission to search the vehicle, the officer searched the car anyway and found, among other things, 927 pills of Oxycontin.

After the trial court denied their motion to suppress evidence, Bly pleaded guilty to possession of Oxycontin for sale and Nopson pleaded guilty to transportation of Oxycontin. Bly was sentenced to three years in prison and Nopson was granted formal probation for three years.

Defendants contend (1) the trial court erred in denying their motion to suppress evidence, (2) the trial court's implicit failure to recognize Bly's medical marijuana recommendation from Washington violated the full faith and credit clause of the United States Constitution, and (3) the trial court's ruling infringed upon their constitutional right to travel.

We conclude the trial court correctly ruled that Bly's medical marijuana recommendation did not preclude the search of the car, and there was no violation of the full faith and credit clause or defendants' constitutional right to travel. Accordingly, we will affirm the judgments.

BACKGROUND

California Highway Patrol Officer Larios conducted a traffic stop for speeding on Interstate 5 in Shasta County. The driver, defendant Nopson, and the passenger, defendant Bly, were both from Washington. Officer Larios smelled marijuana in the vehicle. Bly told the officer he had a Washington medical marijuana card or recommendation and gave it to Larios, along with a baggie containing under an ounce of marijuana. Bly, who owned the vehicle, refused permission to search the car but Officer Larios searched the car anyway to make sure that Bly was in compliance with his medical marijuana recommendation.

In the trunk of the car Officer Larios found a .45 caliber semiautomatic handgun, and a zippered bank bag in which there was another bag containing 927 pills of Oxycontin. There were two boxes of ammunition and two cellular phones in the passenger compartment. Bly had $1,680 in cash, which he stated was from working in his vending machine company in Washington. Nopson admitted owning the handgun. The two men were arrested and booked into the Shasta County Jail.

Defendants were not arrested for, or charged with, any criminal offense with respect to the marijuana Bly possessed. Both defendants were charged with the possession of Oxycontin, the sale or transportation of Oxycontin, and carrying a loaded firearm with the intent to commit a felony. In addition, it was alleged they were armed with a firearm in the commission of the Oxycontin offenses.

The trial court denied defendants' motion to suppress the evidence obtained during the search of the vehicle. Relying on People v. Strasburg (2007) 148 Cal.App.4th 1052 (Strasburg), the trial court found that once Officer Larios smelled marijuana he had probable cause to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.