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Can police search a car at the scene and 2nd time at impound lot? #4thamendment #car #illegalsearch

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Manage episode 357322841 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Officers stopped defendant and appellant Vernon Evans after they observed him commit traffic violations. When Evans refused to comply with a command to exit his automobile, officers broke the vehicle's window, "Tased" and pepper sprayed him, forcibly removed him from the car, and arrested him for interfering with a police investigation. A warrantless search of the vehicle at the scene revealed 11 empty sandwich baggies and $65 in cash, but no contraband.
A second warrantless search of the car at an impound yard revealed cocaine hidden in an air vent. After the trial court denied Evans's motion to suppress the baggies, cash, and cocaine, Evans pleaded no contest to violating Health and Safety Code section 11352, subdivision (a).
Because the searches of his vehicle were not authorized under either the search incident to arrest exception to the warrant requirement (Arizona v. Gant (2009) 556 U.S. 332 [173 L.Ed.2d 485, 129 S.Ct. 1710] (Gant)) or the automobile exception, they violated the Fourth Amendment. Accordingly, we reverse.
Search Incident to Arrest: two-part rule under which an automobile search incident to a recent occupant's arrest is constitutional (1) if the arrestee is within reaching distance of the vehicle during the search, or (2) if the police have reason to believe that the vehicle contains `evidence relevant to the crime of arrest.' [Citation.]" (Davis, supra, 564 U.S. at p. ___ [131 S.Ct. at p. 2425]; see Gant, supra, 556 U.S. at p. 343 [129 S.Ct. at p. 1719].)
Automobile Exception: Under the automobile exception, police who have probable cause to believe a lawfully stopped vehicle contains evidence of criminal activity or contraband may conduct a warrantless search of any area of the vehicle in which the evidence might be found. (Gant, supra, 556 U.S. at pp. 346-347 [129 S.Ct. at p. 1721]; Ross, supra, 456 U.S. at pp. 820-821; People v. Panah (2005) 35 Cal.4th 395, 469 [25 Cal.Rptr.3d 672, 107 P.3d 790]; People v. Superior Court (Nasmeh), supra, 151 Cal.App.4th at pp. 100-102.) Such a search "is not unreasonable if based on facts that would justify the issuance of a warrant, even though a warrant has not actually been obtained." (Ross, supra, at p. 809.) Ross "allows searches for evidence relevant to offenses other than the offense of arrest, and the scope of the search authorized is broader." (Gant, supra, at p. 347 [129 S.Ct. at p. 1721].) "If probable cause justi

Anton Vialtsin, Esq.
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116 episodes

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Manage episode 357322841 series 3389815
Content provided by Anton Vialtsin, Esq. and Anton Vialtsin. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Anton Vialtsin, Esq. and Anton Vialtsin or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Officers stopped defendant and appellant Vernon Evans after they observed him commit traffic violations. When Evans refused to comply with a command to exit his automobile, officers broke the vehicle's window, "Tased" and pepper sprayed him, forcibly removed him from the car, and arrested him for interfering with a police investigation. A warrantless search of the vehicle at the scene revealed 11 empty sandwich baggies and $65 in cash, but no contraband.
A second warrantless search of the car at an impound yard revealed cocaine hidden in an air vent. After the trial court denied Evans's motion to suppress the baggies, cash, and cocaine, Evans pleaded no contest to violating Health and Safety Code section 11352, subdivision (a).
Because the searches of his vehicle were not authorized under either the search incident to arrest exception to the warrant requirement (Arizona v. Gant (2009) 556 U.S. 332 [173 L.Ed.2d 485, 129 S.Ct. 1710] (Gant)) or the automobile exception, they violated the Fourth Amendment. Accordingly, we reverse.
Search Incident to Arrest: two-part rule under which an automobile search incident to a recent occupant's arrest is constitutional (1) if the arrestee is within reaching distance of the vehicle during the search, or (2) if the police have reason to believe that the vehicle contains `evidence relevant to the crime of arrest.' [Citation.]" (Davis, supra, 564 U.S. at p. ___ [131 S.Ct. at p. 2425]; see Gant, supra, 556 U.S. at p. 343 [129 S.Ct. at p. 1719].)
Automobile Exception: Under the automobile exception, police who have probable cause to believe a lawfully stopped vehicle contains evidence of criminal activity or contraband may conduct a warrantless search of any area of the vehicle in which the evidence might be found. (Gant, supra, 556 U.S. at pp. 346-347 [129 S.Ct. at p. 1721]; Ross, supra, 456 U.S. at pp. 820-821; People v. Panah (2005) 35 Cal.4th 395, 469 [25 Cal.Rptr.3d 672, 107 P.3d 790]; People v. Superior Court (Nasmeh), supra, 151 Cal.App.4th at pp. 100-102.) Such a search "is not unreasonable if based on facts that would justify the issuance of a warrant, even though a warrant has not actually been obtained." (Ross, supra, at p. 809.) Ross "allows searches for evidence relevant to offenses other than the offense of arrest, and the scope of the search authorized is broader." (Gant, supra, at p. 347 [129 S.Ct. at p. 1721].) "If probable cause justi

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...

  continue reading

116 episodes

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