SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Osife, supra, reaffirming the rule of New York v. Belton (1981)
453 U.S. 454, 460 [69 L.Ed.2 nd 768, 775], defendant arguing that a
minority, concurring opinion in Thornton to this effect should be
accepted as a new rule.)
With Probable Cause: Search with Probable Cause to believe there is
contraband or other seizable items in a vehicle:
General Rule: If police officers have probable cause to search a car, they
may make a warrantless search anywhere a warrant could have authorized.
(Pennsylvania v. Labron (1996) 518 U.S. 938 [135 L.Ed.2 nd 89];
Maryland v. Dyson (1999) 527 U.S. 465 [144 L.Ed.2 nd 442]; People v.
Superior Court [Nasmeh] (2007) 151 Cal.App.4 th 85, 100-102; United
States v. Davis (9 th Cir. 2008) 530 F.3 rd 1069, 1084; United States v.
Noster (9 th Cir. 2009) 590 F.3 rd 624, 633-634; People v. Xinos (2011) 192
Cal.App.4 th 637, 653-659.)
Warrantless search of defendant’s vehicle justified by exigent
circumstances (looking for a missing eight-year-old girl) and
probable cause (blood seen in the vehicle and a cord hanging out of
the trunk). (People v. Panah (2005) 35 Cal.4 th 395, 468-469.)
This includes any compartments and containers in the vehicle;
assuming the item for which there is probable cause for which to
search would reasonably be expected to be in the container
searched. (United States v. Ross (1982) 456 U.S. 798 [72 L.Ed.2 nd
572]; People v. Chavers (1983) 33 Cal.3 rd 462, 466-467.)
Even if the container searched does not belong to the defendant, it
is subject to search. (Wyoming v. Houghton (1999) 526 US. 295
[143 L.Ed.2 nd 408]: Where defendant was a passenger in the
vehicle, the search of defendant’s purse which was left in the car
when the passengers were ordered out is okay.)
Note People v. Mitchell (1995) 36 Cal.App.4 th 672; People
v. Prance (1991) 226 Cal.App.3 rd 1525, upholding the
search of purses belonging to passengers under the
“incident to arrest” theory (above).
However, a search of the female defendant’s purse left in
the car when an officer is conducting a parole search of a
male parolee, is illegal absent a reasonable suspicion to
believe that the parolee had joint access, possession or
control over the purse. (People v. Baker (2008) 164
Cal.App.4th 1152.)
© 2012 Robert C. Phillips. All rights reserved
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