VAN NUYS, CA – A Los Angeles County Superior Court judge denied a defense motion to suppress evidence Friday, despite concerns over probable cause stemming from contradictory police testimony and questions about the lawfulness of an impound search. The hearing took place at the Van Nuys Courthouse.
The accused faces two misdemeanor charges: carrying a concealed weapon in a vehicle and carrying a loaded firearm in a public place. At the time of the arrest, the accused was parked in reverse in a black Kia in the parking lot of the Van Nuys MTA (Metropolitan Transportation Authority) station.
Officer Eric Lopez of the Los Angeles Police Department testified that while patrolling the MTA station with colleagues, he noticed the Kia with its windows slightly rolled down. A check of the vehicle’s registration revealed it had been expired for about seven months.
The officers approached the vehicle to conduct a traffic stop. Officer Henry Canjura, the driver of the patrol car, testified that he smelled a “strong odor of marijuana” as they neared the Kia.
Officer Lopez initially testified that he saw marijuana roaches—the remnants of smoked marijuana—in the center console. However, under cross-examination by Deputy Public Defender Justin Kelley and after reviewing body-worn camera footage, Lopez recanted, admitting that he had only seen scissors in the console. He claimed this discovery raised concerns that the accused might have been armed.
During his testimony, Officer Canjura said he saw an ashtray containing marijuana roaches in the center console. Under further questioning, Canjura acknowledged that there was no visible smoke in the body camera footage.
DPD Kelley questioned the nature of the searches conducted. Both officers testified they performed a narcotics search after seeing marijuana remains and an impound search due to the expired registration and the alleged state of the driver. However, when asked if an inventory list was completed—as typically required during an impound search—both officers admitted they had not created one and said they were not trained to do so.
Los Angeles City Attorney Matthew Edis Kranzthor defended the officers, arguing that there was no statutory requirement to complete an inventory list for an impound search.
In closing arguments, DPD Kelley countered that under People v. Williams, an impound search must satisfy a “community caretaking function,” including offering the driver an opportunity to have someone retrieve the car, ensuring the vehicle is not vulnerable to vandalism or theft, and confirming that it is not a hazard to other vehicles. Kelley pointed out that the officers testified “no” to all three conditions, suggesting that the search was conducted for crime suppression purposes, which is prohibited under legal precedent.
DPD Kelley also highlighted Officer Lopez’s conflicting testimony and emphasized that, even if marijuana were present, People v. Johnson and People v. Blakes held that the presence or smell of marijuana alone does not establish probable cause for a vehicle search.
In his ruling, Judge Adan Montalban cited a prior case from his own experience, reasoning that probable cause can exist if there is an open container and possession of more than 25 grams of marijuana. DPD Kelley responded that in this case there was no evidence of recent use—no smoke or smell—and the quantity of marijuana found was nowhere near 25 grams.
Ultimately, Judge Montalban ruled that the open container, the accused’s admission that he had gone to the parking lot to smoke on his break, and the presence of scissors in the console together were sufficient to establish probable cause. While he acknowledged Kelley’s valid concerns regarding the missing inventory list and the caretaking requirements for impound searches, the judge did not further address these points.
Following the denial of the suppression motion, DPD Kelley successfully moved for judicial diversion. Judge Montalban granted the motion and set an early termination date for October 2025.
