Automobile searches

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.)

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.)

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

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).

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.

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