Tomorrow morning, the Supreme Court will file its opinion in Sellers v. Superior Court. (Briefs here; oral argument video here.)
When the court granted review in December 2024, it limited the issues to: “1. Does the presence of 0.36 grams of loose marijuana on the floor of a vehicle constitute an open container violation under Health & Safety Code, section 11362.3, subdivision (a)(4)? 2. Does the answer to this question affect whether there was probable cause for a warrantless vehicle search under the totality of the circumstances, such that remand would be required for reconsideration of the Court of Appeal’s alternative analysis, Sellers v. Superior Court (2024) 104 Cal.App.5th 468, 478-479?” First District, Division Four, Court of Appeal Justice Jon B. Streeter is the pro tem justice on the case. More about the case here.
This will be the second of three opinions filing in cases argued in November. The other case should be decided by February 2.
There are eight other argued but undecided cases in the pipeline: the People v. Demolle opinion, following an October argument, might not file until April 23 because of supplemental briefing (see here); the two cases argued in December (one of them should file by March 2; Shear Development Co. v. California Coastal Commission might not be decided until May 4 because of supplemental briefing (see here)); the two on the January calendar (one expected by April 6; People v. Bertsch and Hronis might not be decided until April 30 because of supplemental briefing); and three opinions in death penalty appeals argued last term but also delayed by post-argument briefing (see here) — People v. Bankston, argued in early May, People v. Chhuon and Pan, argued in late May, and People v. Barrera, argued in June, might not file until February 26.
The Sellers opinion can be viewed tomorrow starting at 10:00 a.m.
