WARRANTLESS VEHICLE SEARCHES IN CALIFORNIA

• NCJ Number: 48554
• Journal: SAN DIEGO COUNTY LAW ENFORCEMENT QUARTERLY Volume: 7 Issue: 1 Dated: (SPRING 1978) Pages: 13-15
• Author(s): J M BLOOM
• Date Published: 1978
• Length: 3 pages
• Corporate Author: San Diego Cty Office of the District Attorney
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

CALIFORNIA LAW REGARDING WARRANTLESS SEARCHES OF VEHICLES IS REVIEWED, AND RATIONALE IN SUPPORT OF SUCH SEARCHES ARE DISCUSSED IN AN ARTICLE DIRECTED TO LAW ENFORCEMENT OFFICERS IN SAN DIEGO COUNTY, CALIF.

Abstract

A WARRANTLESS SEARCH OF A VEHICLE MAY BE MADE ON THE GROUND THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT THE VEHICLE CONTAINS CONTRABAND, FRUITS OF A CRIME, OR EVIDENCE OF A CRIME AND IF EXIGENT CIRCUMSTANCES (CIRCUMSTANCES DEMANDING PROMPT ACTION) EXIST. ONCE PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES EXIST, OFFICERS NEED NOT SEARCH THE VEHICLE ON THE SPOT BUT MAY IMPOUND THE VEHICLE AND SEARCH IT LATER. PROBABLE CAUSE TO SEARCH THE INTERIOR OF THE VEHICLE DOES NOT AUTOMATICALLY GIVE OFFICERS PROBABLE CAUSE TO SEARCH THE TRUNK. OFFICERS SHOULD SEARCH TRUNKS ONLY WHEN THEY ARE AWARE OF ARTICULABLE FACTS THAT WOULD ESTABLISH PROBABLE CAUSE TO BELIEVE THAT SEIZABLE ITEMS ARE IN THE TRUNK. THE QUESTION OF THE OFFICER'S RIGHT TO SEIZE AND SEARCH LOCKED ITEMS FOUND IN A VEHICLE HAS NOT BEEN SETTLED. A WARRANTLESS SEARCH OF A VEHICLE MAY ALSO BE MADE INCIDENT TO AN ARREST. THE CALIFORNIA SUPREME COURT HAS RULED THAT VEHICLE SEARCHES INCIDENT TO A TRAFFIC ARREST OR TO OTHER ARRESTS THAT NORMALLY HAVE NO FRUITS, INSTRUMENTS, OR EVIDENCE OF CRIME INVOLVED MAY BE MADE ONLY WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT THE VEHICLE CONTAINS CONTRABAND OR WEAPONS. A SEARCH OF A VEHICLE INCIDENT TO AN ARREST MUST BE DONE AT THE PLACE OF ARREST AND IN THE PRESENCE OF THE ARRESTEE, AND MUST BE LIMITED TO THE AREA WHERE THE ARRESTEE COULD REACH FOR A WEAPON OR DESTROY EVIDENCE. WARRANTLESS SEARCHES MAY ALSO BE JUSTIFIED BY CONSENT, BY THE FACT THAT CONTRABAND OR EVIDENCE IS IN PLAIN SIGHT, BY SEIZURE OF THE VEHICLE ITSELF AS EVIDENCE OF A CRIME, AND (WITHIN LIMITATIONS) BY THE NEED TO FIND AN AUTOMOBILE REGISTRATION WHEN THE DRIVER IS UNABLE TO PRODUCE IT. CALIFORNIA POLICE ARE NOT PERMITTED TO MAKE 'INVENTORY SEARCHES' OF IMPOUNDED VEHICLES. (LKM)