P. v. Moua CA5
Defendant Chian Moua pled no contest to possession of methamphetamine while in possession of a firearm. He contends on appeal that the warrantless search of his vehicle that led to the discovery of the firearm, methamphetamine, and marijuana was unlawful because the search was unsupported by probable cause and no exception to the warrant requirement applied. Specifically, he argues that the small amount of marijuana he possessed in the vehicle did not justify the search of the vehicle and the body camera video shows that he did not resist, delay, or obstruct the arresting officer. The People disagree, arguing that defendant was not detained until the officer had probable cause to arrest and the search was supported by probable cause and exceptions to the warrant requirement.
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