California Supreme Court Watch

#24-259 Sellers v. Superior Court, S287164.  (C100036; 104 Cal.App.5th 468; Sacramento County Superior Court; 21FE018661.)  Petition for review after the Court of Appeal denied a petition for writ of mandate.  This case presents the following issues:  (1) Does the presence of 0.36 grams of loose marijuana on the floor of a vehicle constitute an open container violation under Health & Safety Code, section 11362.3, subdivision (a)(4)?  (2) Does the answer to this question affect whether there was probable cause for a warrantless vehicle search under the totality of the circumstances, such that remand would be required for reconsideration of the Court of Appeal’s alternative analysis, Sellers v. Superior Court (2024) 104 Cal.App.5th 468, 478–479?

Petition for review granted; issues limited: 12/18/2024

See the Court of Appeal Opinion.