Estimated Read Time: 5 Minutes
Reviewed by Attorney Nate Gjesdal
November 12, 2026
California legalized recreational marijuana years ago, but does finding marijuana in your car give police the right to search it?
In January 2026, the California Supreme Court issued an important ruling clarifying when marijuana found inside a vehicle can justify a police search.
In Sellers v. Superior Court, the Court ruled that a small amount of loose marijuana scattered on a vehicle's floor did not violate California's marijuana open-container law. The Court also found that police lacked probable cause to search the vehicle under the circumstances.
Here's what happened and what the decision means for California drivers.
What Happened in the Sellers Case?
The case began with a routine traffic stop in Sacramento.
Police pulled over a vehicle for a minor traffic violation. During the stop, officers noticed a marijuana rolling tray on the backseat and small marijuana crumbs scattered on the rear floorboard.
Neither the driver nor the passenger was suspected of driving under the influence. Both cooperated with officers.
Nevertheless, police searched the vehicle.
During the search, officers discovered an unregistered firearm near the front passenger seat. The passenger, Davonyae Sellers, was subsequently charged with unlawful firearm possession.
Sellers challenged the search, arguing that police lacked probable cause to search the vehicle in the first place. The case eventually reached the California Supreme Court.
What Did the California Supreme Court Decide?
On January 29, 2026, the California Supreme Court ruled in favor of Sellers on the legality of the search.
The Court clarified that marijuana in a vehicle must meet at least three conditions to violate California's marijuana open-container law:
Usable quantity: There must be enough marijuana to constitute a usable amount.
Imminently usable condition: The marijuana must be in a condition that allows it to be consumed with minimal effort.
Readily accessible: The marijuana must be accessible to someone inside the vehicle.
In this case, officers recovered just 0.36 grams of loose marijuana debris from the rear floorboard.
The Court determined that the scattered marijuana was neither in an imminently usable condition nor readily accessible to the vehicle's occupants. The Court also concluded that the totality of the circumstances did not establish probable cause to search the vehicle.
As a result, the Court reversed the lower appellate court's decision and sent the case back for further proceedings.
Does This Mean Police Can No Longer Search Cars for Marijuana?
No. The ruling does not prohibit police from searching vehicles when marijuana is involved.
Instead, it reinforces an important distinction: The presence of marijuana does not automatically make a vehicle search lawful.
California's Proposition 64 legalized recreational marijuana possession for adults 21 and older, subject to certain restrictions.
However, marijuana-related conduct can still be illegal, including driving under the influence and possessing marijuana in violation of vehicle open-container restrictions.
Police may still conduct a warrantless vehicle search when they have probable cause to believe the vehicle contains evidence of a crime. Other recognized exceptions to the warrant requirement may also apply.
What the Sellers decision makes clear is that officers cannot rely solely on lawful marijuana possession or scattered marijuana debris like that found in this case to justify a search.
What If Police Find Something Illegal During the Search?
This is where the legality of a vehicle search becomes particularly important.
In the Sellers case, officers discovered a firearm during a search that the California Supreme Court determined was not supported by probable cause.
Under the Fourth Amendment, evidence obtained through an unlawful search may be subject to suppression, meaning prosecutors may be prohibited from using that evidence in court.
However, suppression is not automatic. Courts must evaluate the circumstances of the search and determine whether an exclusionary-rule exception applies.
The Supreme Court sent the Sellers case back for further proceedings, including a determination of the appropriate remedy.
For someone facing criminal charges after a vehicle search, challenging how the evidence was obtained can be an important part of their defense.
What Should You Do if Police Search Your Vehicle?
If police search your vehicle during a traffic stop, understanding your rights can make a difference.
You generally have the right to decline a request for consent to search your vehicle. However, police may still conduct a lawful search without your consent if an applicable legal exception exists.
If officers proceed with a search, remain calm and do not physically interfere.
If criminal charges result from the search, an experienced criminal defense attorney can examine whether officers had a lawful basis to conduct it.
Details such as what officers observed, what questions they asked, and whether they had probable cause may affect the outcome of your case.
Facing Drug Charges in Orange County?
The Sellers ruling is a reminder that California's marijuana laws have changed, but constitutional protections against unreasonable searches remain important.
At Not Guilty Law, attorney Nate Gjesdal represents individuals facing criminal charges throughout Orange County and surrounding Southern California communities.
If you were arrested following a vehicle search or are facing drug-related charges, our firm can review the circumstances of your case, evaluate potential constitutional issues, and help you understand your legal options.
Contact Not Guilty Law to discuss your case with a criminal defense attorney.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every case is different, and the outcome depends on its specific facts and circumstances.
Source: Sellers v. Superior Court (January 29, 2026), California Supreme Court, Case No. S287164.
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