People v. Bush
Annotate this CaseDuring a traffic stop for speeding and driving without a front license plate, the officer recognized the smell of marijuana in the car and saw marijuana particles. During a search, the officer found about $47,000, determined that the driver (Bush) did not have a valid license, and called for a drug-sniffing dog, which alerted to the money. Other officers arrived and verified the strong smell of marijuana. Bush had no verifiable explanation of the source of the money. Bush was convict of driving with a suspended license and of receiving and acquiring proceeds knowing them to be derived from a controlled substance offense with the intent to conceal those proceeds and avoid a transaction reporting requirement. The court of appeal affirmed, rejecting arguments that he did not knowingly and intelligently waive his right to counsel; that there was insufficient evidence he intended to conceal the nature or source of the money; that he could not be convicted for receiving or acquiring proceeds from sales that he allegedly conducted himself; and that the jury should have been instructed on the elements of the underlying controlled substance offense.
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