NCJ Number
5109
Journal
Hastings Law Journal Volume: 23 Issue: 2 Dated: (FEBRUARY 1972) Pages: 323-363
Date Published
1972
Length
41 pages
Annotation
MOZZETTI, A '71 CALIF CASE, HELD THAT EVIDENCE DISCOVERED DURING A POLICE INVENTORY OF THE CONTENTS OF A CAR NOT ASSOCIATED WITH A CRIME OR ARREST IS INADMISSIBLE.
Abstract
SUPREME COURT STANDARDS PERMIT A WARRANTLESS SEARCH OF A MOTOR VEHICLE WHICH MAY LEAVE BEFORE A WARRANT IS OBTAINED AND SEARCHES INCIDENTAL TO AN ARREST. EVIDENCE FOUND DURING SUCH SEARCHES IS ADMISSIBLE. PROBLEMS ARISE WHEN A POLICE SEARCH IS DELAYED AND POLICE CUSTODY OF THE VEHICLE TAKES ON THE NATURE OF A BAILMENT, THE LAWFUL CUSTODY OF ONE PERSON'S PROPERTY BY ANOTHER. UNTIL THE DECISION IN MOZZETTI V SUPERIOR COURT WAS HANDED DOWN ON APRIL 30, 1971, MOST LOWER COURTS IN CALIFORNIA WOULD HAVE ADMITTED AS EVIDENCE WHATEVER THE OFFICER MIGHT FIND, SO LONG AS HE WAS NOT LOOKING FOR IT. IN THIS CALIFORNIA CASE, POLICE FOUND MARIJUANA WHILE MAKING AN INVENTORY OF A CAR THEY HAD REMOVED FROM THE HIGHWAY PURSUANT TO THE CALIFORNIA VEHICLE CODE. THIS EVIDENCE WAS HELD INADMISSIBLE BY THE CALIFORNIA SUPREME COURT. THIS ARTICLE PROVIDES AN OVERVIEW OF THE THEORIES USED PRIOR TO MOZZETTI TO JUSTIFY THE POLICE MOTOR VEHICLE INVENTORY AS AN EXCEPTION TO THE EXCLUSIONARY RULE, AND CONSIDERS SOME OF THE CONSTITUTIONAL ISSUES RAISED BY THE CURRENT STATUS OF THE PRACTICE.