In re Randy C.
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The case involves a minor, Randy C., who was stopped by police for driving a car with illegally tinted windows. During the stop, the officer smelled unburnt marijuana and observed a marijuana blunt on the passenger's lap. The officer conducted a search of the vehicle, finding a handgun in the glove compartment and an AR-15 firearm in the trunk. Randy C. was subsequently charged with multiple felony offenses, including possession of an assault weapon by a minor and possession of a concealed firearm and ammunition in a vehicle by a minor. He moved to suppress the evidence, arguing there was no probable cause to search the vehicle.
The juvenile court denied Randy C.'s motion to suppress the evidence. Following this ruling, Randy C. admitted to the felony offenses charged, and the remaining counts were dismissed pursuant to a negotiated plea deal. The juvenile court declared wardship and committed Randy C. to juvenile hall for 274 days with 55 days of credit for time served. Randy C. appealed the denial of his motion to suppress, arguing that the search and seizure conducted by police were unlawful.
The Court of Appeal of the State of California First Appellate District affirmed the juvenile court's decision. The court held that the officer had probable cause to search the vehicle based on the smell of unburnt marijuana and the observation of a marijuana blunt in the passenger's lap, which was considered an open container of marijuana in violation of the law. The court rejected Randy C.'s argument that the marijuana blunt was not an "open container" within the meaning of the law, concluding that the paper wrapping enclosing the marijuana presented no barrier to accessing the marijuana, thereby facilitating its consumption.
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