Cars

Name: People v. Bennett
Case #: B223338
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 07/21/2011
  • Categories: Cars, Search & Seizure, Searches w/o Warrant

Detention of a motorist is reasonable where probable cause exists to believe that a traffic violation has occurred, even when the offense is a civil one subject to civil penalties and administrative enforcement. The court rejected appellant's contention that the…

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Name: Davis v. United States
Case #: 09-11328
Court: US Supreme Court
District USSup
Opinion Date: 06/16/2011
Subsequent History: 131 S.Ct. 2419; 180 L.Ed.2d 285
  • Categories: Arrest, Cars, Incident to Lawful Arrest, Procedure/Evidence, Search & Seizure

Searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the Fourth Amendment exclusionary rule. The majority opinion by Justice Samuel Alito addresses the scope of the exclusionary rule. Chimel v. California (1969) 395 U.S. 752,…

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Name: People v. Maikhio
Case #: S180289
Court: CA Supreme Court
District CalSup
Opinion Date: 06/20/2011
  • Categories: Cars, Detention, Search & Seizure

A game warden has the authority to make a vehicle stop to make an inspection where game may be stored and upon demand the driver has a duty to exhibit any game taken. There was reasonable suspicion to support a…

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Name: People v. Carmona
Case #: G043846
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/27/2011
  • Categories: Cars, Search & Seizure

A turn without signaling, when no other vehicle might be affected, is not a traffic violation which supports a traffic stop and a subsequent parole search. Carmona did not signal a turn and the patrol car, the only other vehicle…

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Name: People v. Greenwood
Case #: B220315
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/28/2010
  • Categories: Cars, Detention, Search & Seizure, Searches w/o Warrant

An officer’s objective belief based on Department of Motor Vehicle (DMV) records that a vehicle registration has expired, with no registration in progress, despite the presence of a seemingly valid temporary registration on the vehicle, justifies the vehicle stop for…

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Name: U.S. v. Maddox
Case #: 09-30284
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/12/2010
  • Categories: Cars, Search & Seizure, Searches w/o Warrant

A warrantless search of a car key chain not within the driver's immediate control cannot be upheld based on a theory of search incident to arrest. Police stopped appellant for reckless driving, handcuffed and arrested him, placed him in the…

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Name: People v. Schmitz
Case #: G040641
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/18/2010
Subsequent History: review granted 12/1/10 S186707
  • Categories: Cars, Search & Seizure, Searches w/o Warrant

The search of a car, not consented to by the driver or owner, cannot be upheld based on the parole status of a passenger who has no possessory interest in the car or joint access or control over the areas…

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Name: Arthur v. DMV
Case #: D055494
District 4 DCA
Division: 1
Opinion Date: 04/22/2010
  • Categories: Admin Searches, Cars, Search & Seizure

Appellant failed to overcome the official-duty evidentiary presumption (Evid. Code, § 664) that a sobriety checkpoint was properly operated. Appellant challenged his drunk driving conviction by arguing that the sobriety checkpoint where he was caught was unconstitutional. In order for…

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Name: People v. Shafrir
Case #: A125880
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 04/14/2010
  • Categories: Admin Searches, Cars, Search & Seizure

The validity of an impound and inventory search of a vehicle is judged by the Fourth Amendment standard of reasonableness. After arresting appellant for driving under the influence, the two California Highway Patrol Officers decided to remove and store the…

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Name: People v. Carter
Case #: B210203
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 02/26/2010
  • Categories: By CALCRIM Number, Cars, General Principles, Jury Instructions, Marsden, Right to Counsel, Search & Seizure, Searches w/o Warrant

The trial court was not required to hold a hearing where defendant did not make a Marsden motion at his arraignment. At his arraignment on robbery charges, appellant asked for a Marsden hearing. He then proceeded to complain that counsel…

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