In Ca, is it mandatory for an officer to search a vehicle pulled over 4 a traffic vio

[Cracker[SOY]]

I think it's great, I too live in CA and they're too many people driving to begin with, 50% of which probably shouldn't be driving in the first place. If folks have done something to warrant a license suspension then they shouldn't be driving PERIOD. They present a danger to other people on the road as well as pedestrians.

Problem here is people think driving is a right rather than a privilege. It wouldn't have to be this way if the liberals were not running this state, personal responsibility is a term that people here just don't seem to understand anymore.

-d

[tinyattorney]

excuse no responces....I was actually trying to help out a friend and her boyfriend....who is now out of jail, on probation, attending mandatoy na meetings, and hopefully trying to put his life back together......we were just trying to get some insite on how we could help..ya know loopholes....thank you for your honest replies. Lucky for him he had never been in trouble with the law prior to this inncedent so the judge was soft with him....

[tinyattorney]

NO I'm not an attorney..hence the TINY.....If I was I would feel very sorry for my clients..I obviously dont know much about the law.....But I'm a good girl...so I haven't broken it either.

[ben88]

This would be an example of a search incident to custodial arrest. In California, when ANY occupant of the vehicle is arrested the officers can search the passenger compartment of the vehicle. If they find weapons/contraband that is their probable cause to pop open the trunk and search in there. If there was no arrest the officers still could have searched the vehicle under the probable cause exception which states that if officers honestly believe that they could secure a search warrant they can actually search the vehicle without a warrant. So basically your "friends" have no case.

[sbrad]

This would be an example of a search incident to custodial arrest. In California, when ANY occupant of the vehicle is arrested the officers can search the passenger compartment of the vehicle. If they find weapons/contraband that is their probable cause to pop open the trunk and search in there. If there was no arrest the officers still could have searched the vehicle under the probable cause exception which states that if officers honestly believe that they could secure a search warrant they can actually search the vehicle without a warrant. So basically your "friends" have no case.

A search incident to arrest does not give you probable cause to search a trunk that is not accessible from the passenger compartment. Hence the debate in another thread on search incident to arrest vs. "inventory" prior to impound.

[ben88]

You didn't read my answer correctly. I said that if officers conducted a search incident to arrest and found weapons/contraband in the passenger compartment, that gives them probable cause to open the trunk and search for more weapons/contraband. Once they find contraband in the passenger compartment (resulting from their search incident to custodial arrest) they can search the entire vehicle under the probable cause exception, including the trunk as long as what they are searching for might reasonably be located there.

[tinyattorney]

Ok guys I know I'm not an officer, but as I understand this particular case. It seems that since there was nobody in the vehicle with a valid license the officers had no choice but to impound the car. Apparently, and I might be wrong, but they do a search prior to impound to take inventory. At this point nobody was arrested. There just wasn't anyone who could legally drive. Taking inventory makes sence, it protects the owner of the vehicle as well as the police department as far as anyone claiming their posessions were stollen. Thats when my friends got into hot water. The MaryJane was on the floor behind the drivers seat. Not in the trunk. So the officer just happened upon it. Then of course an arrest was made.........When I first posted this question I was not fully informed that this was inventory not just a random search for no apparent reason....but ya know when someone is caught breaking the law they tend to tell only half the story.....I'm sure those of you that are officers know this all to well.

[Legoate]

For my dept. it IS mandatory to search a vehicle if you are planning to tow it. From the sound of things, this vehicle needed towing....i.e. there were no longer any drivers in the vehicle capable of driving it due to suspended licenses. Not to mention the stolen tags.

[tinyattorney]

Right. I think thats what I said.............

[brownman40]

Prior tickets or prior arrests?