In Rocha v. County of Tulare, 13-17267 (9th Cir. Dec. 17, 2015), the Ninth Circuit affirmed the EDCA court's dismissal with prejudice of a federal action challenging the lawfulness of a search of the plaintiff's property on various legal theories. In the excerpt below, the Court rejected the claim that the officers' knowledge that he possessed a medical marijuana card rendered the search and seizure invalid under the Fourth Amendment and California law, at least under the particular facts of the case:
Rocha’s possession of a medical marijuana recommendation does not grant him an unlimited right to possess and cultivate medical marijuana under California law. See People v. Kelly, 222 P.3d 186, 188 (Cal. 2010); People v. Wayman, 116 Cal. Rptr. 3d 833, 839 (Cal. Ct. App. 2010). Nor does it render the search and seizure violative of the Fourth Amendment on the facts alleged. Without more, Rocha’s allegation that defendants knew he possessed a medical marijuana recommendation does not negate probable cause and render the search and seizure unreasonable under California law. See People v. Clark, 178 Cal. Rptr. 3d 649, 656 (Cal. Ct. App. 2014), review denied (Dec. 17, 2014).