Automobile searches - Revision history

Sysop: /* Warrantless probable cause searches */

2019-08-19T22:38:29Z

Warrantless probable cause searches

← Older revision		Revision as of 22:38, 19 August 2019
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	Observing hand-to-hands and then defendant entering car is probable cause for search. (''People v. Johnson'' (2018) 21 Cal.App.5th 1026, 1038.)		Observing hand-to-hands and then defendant entering car is probable cause for search. (''People v. Johnson'' (2018) 21 Cal.App.5th 1026, 1038.)

			Nervousness is not probable cause for a search. (''People v. Evans (2011) 200 Cal.App.4th 735.)

	==Search incident to arrest==		==Search incident to arrest==

Sysop: /* Search incident to arrest */

2019-08-19T22:38:04Z

Search incident to arrest

← Older revision		Revision as of 22:38, 19 August 2019
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	Search of cell phone for evidence of driving under the influence OK. (''People v. Nottoli (2011) 199 Cal.App.4th 531.) I assume no longer good after Riley v. California.		Search of cell phone for evidence of driving under the influence OK. (''People v. Nottoli (2011) 199 Cal.App.4th 531.) I assume no longer good after Riley v. California.

			Evidence of a 148 is not going to be found in a car. (''People v. Evans'' (2011) 200 Cal.App.4th 735.)

Sysop: /* Warrantless probable cause searches */

2019-08-19T22:26:41Z

Warrantless probable cause searches

← Older revision		Revision as of 22:26, 19 August 2019
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	Limited Webster (1991) 54 Cal.3d 411-type search to search for ID allowed when defendant was driving recently and cannot produce license. Arturo D. still valid. (''People v. Lopez '' 2016'' (4 Cal.App.5th 814, 827, review granted Jan. 25, 2017.)		Limited Webster (1991) 54 Cal.3d 411-type search to search for ID allowed when defendant was driving recently and cannot produce license. Arturo D. still valid. (''People v. Lopez '' 2016'' (4 Cal.App.5th 814, 827, review granted Jan. 25, 2017.)

			Observing hand-to-hands and then defendant entering car is probable cause for search. (''People v. Johnson'' (2018) 21 Cal.App.5th 1026, 1038.)

	==Search incident to arrest==		==Search incident to arrest==

Sysop: /* Search incident to arrest */

2019-08-19T22:15:11Z

Search incident to arrest

← Older revision		Revision as of 22:15, 19 August 2019
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	Arizona v. Gant (2009) 556 U.S. 332.		Arizona v. Gant (2009) 556 U.S. 332.
			Accordingly, it held that the police may search the passenger compartment of an automobile incident to arrest only when (1) “the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search” (id. at p. 343, 129 S.Ct. 1710) or (2) there is reason to believe that evidence of the offense for which the arrest was made might be found in the vehicle (id. at pp. 343–344, 351, 129 S.Ct. 1710).

Sysop at 22:14, 19 August 2019

2019-08-19T22:14:33Z

← Older revision		Revision as of 22:14, 19 August 2019
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	Arizona v. Gant (2009) 556 U.S. 332.		Arizona v. Gant (2009) 556 U.S. 332.


	Where firearm is found on person of convicted felon, and person is arrested for such, probable cause for search of automobile for additional items. (''People v. Osborne'' (2009) 175 Cal.App.4th 1052.) Analogized to drugs.		Where firearm is found on person of convicted felon, and person is arrested for such, probable cause for search of automobile for additional items. (''People v. Osborne'' (2009) 175 Cal.App.4th 1052.) Analogized to drugs.

	Search of cell phone for evidence of driving under the influence OK. (''People v. Nottoli (2011) 199 Cal.App.4th 531.) I assume no longer good after Riley v. California.		Search of cell phone for evidence of driving under the influence OK. (''People v. Nottoli (2011) 199 Cal.App.4th 531.) I assume no longer good after Riley v. California.

Sysop at 22:14, 19 August 2019

2019-08-19T22:14:19Z

← Older revision		Revision as of 22:14, 19 August 2019
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	"[A] defendant may challenge evidence found in a searched vehicle as the fruit of an unlawful detention, even if the defendant lacked a reasonable expectation of privacy in the searched vehicle." (Brewer v. Superior Court (2017) 16 Cal.App.4th 1019, 1024-1025.)		"[A] defendant may challenge evidence found in a searched vehicle as the fruit of an unlawful detention, even if the defendant lacked a reasonable expectation of privacy in the searched vehicle." (Brewer v. Superior Court (2017) 16 Cal.App.4th 1019, 1024-1025.)

			==Warrantless probable cause searches==



			Limited Webster (1991) 54 Cal.3d 411-type search to search for ID allowed when defendant was driving recently and cannot produce license. Arturo D. still valid. (''People v. Lopez '' 2016'' (4 Cal.App.5th 814, 827, review granted Jan. 25, 2017.)


			==Search incident to arrest==

			Arizona v. Gant (2009) 556 U.S. 332.
			Where firearm is found on person of convicted felon, and person is arrested for such, probable cause for search of automobile for additional items. (''People v. Osborne'' (2009) 175 Cal.App.4th 1052.) Analogized to drugs.

			Search of cell phone for evidence of driving under the influence OK. (''People v. Nottoli (2011) 199 Cal.App.4th 531.) I assume no longer good after Riley v. California.

Sysop: Created page with " ==Standing== "[A] defendant may challenge evidence found in a searched vehicle as the fruit of an unlawful detention, even if the defendant lacked a reasonable expectation o..."

2018-06-12T14:33:17Z

Created page with " ==Standing== "[A] defendant may challenge evidence found in a searched vehicle as the fruit of an unlawful detention, even if the defendant lacked a reasonable expectation o..."

New page

==Standing==

"[A] defendant may challenge evidence found in a searched vehicle as the fruit of an unlawful detention, even if the defendant lacked a reasonable expectation of privacy in the searched vehicle." (Brewer v. Superior Court (2017) 16 Cal.App.4th 1019, 1024-1025.)