Pot plain view in a car. burnt ashes and plastic baggie. Cop didn’t say if baggie was in a knot or open. cop didn’t say if he smelled burnt or unburnt pot.
Reversed. No PC.
H&S 11362.3 was not a justification. no evidence that the bag was open. It could have been knotted and a knotted bag isn’t open.
VC 23222 was not a justification, because the pot wasn’t on his person.