Skip to main content

Be Social

Home

LEGALUPDATES.COM

Trusted Resources
X
  • Home
  • OUR TEAM
  • JOBs/Classifieds
  • Training Portal

User account menu

  • Login
  • Search

Bulletins

Are vehicle searches Legal after finding ammunition on passenger?

Ray Hill
22 Aug 2022
CAB00173

By: Ray Hill, Professor Emeritus, Santa Rosa Junior College

     One of the rewards of teaching is having contact with past students.  Periodically, I get emails or phone calls about case law.  Most calls are just confirming, “Is what I did OK?”  And, almost 100% of the time, the officer or deputy is right on point with existing case precedent.

     I want to share a recent conversation and question from K-9 Officer Guillermo (Memo) Arguelles of Daly City P.D.  His proactive field work and application of case law led to getting a true “bad guy” off the street.

The facts are straightforward:  

     Officer conducts a traffic stop; the passenger in the rear seat has an outstanding warrant and is arrested; a search of the passenger incident to arrest revealed founds of handgun ammunition on her person; Officer searches the vehicle for the gun that fits the ammunition and finds three stolen handguns in the glove compartment.  Turns out the driver of the vehicle is already a convicted felon.

     Question was – “I believe I’m good, but just want to confirm?”

    The answer is - Absolutely!  In fact, one of the landmark cases that interpreted the “Automobile Exception” is United States v. Ross (1982) 456 U.S. 798 (See “From the Classroom” - “The Auto Exception – An Expanded History of Transportation” - LU Ref. CAB0015, February 14, 2022.  

     In the Ross decision, Washington D.C. officers made a traffic stop for drug investigation.  The officers “plain viewed” a bullet on the front seat.  A further search revealed a handgun in the glove compartment.  A paper bag containing bindles of heroin packaged for sale and a leather pouch containing $3200 cash were found in the trunk.  U.S. ruled officers had a “fair probability” or “substantial chance” to believe there was a firearm in the car.  After finding the gun, a further search of the trunk was lawful to look for more firearms.  Since a handgun could be found inside a paper bag, opening and plain view of the drug contraband was good.  Since more drugs could be found in the pouch, that opening was good. Nexus, nexus, nexus!

    The following California cases upheld the finding one gun equals a search for more guns and the further discovery of fortuitous evidence:  

  • Antioch P.D. case (Peo. v. Osborne (2009) 175 Cal App. 4th 1052).  Initial discovery of a shotgun and pistol in the passenger area;
  • Tuolumne S.O. case (Peo. v. Benities (1992) 9 Cal. App.4th 309).  Initial discovery of a loaded 12-gauge shotgun and .380 pistol in the passenger area; and
  • Modesto P.D. case (Peo. v. Nicholson (1989 207 Cal. App.3d 709). Viewing a shotgun gave rise to search for more weapons resulting in the finding of a handgun under the front seat.

     For further information - (See Bob Phillips “The Fourth Amendment – Search and Seizure – An Update,” March 2022 - Pages 1302-1310).

     Also, remember that 25850(a) P.C. makes it a crime to carry a loaded weapon inside a vehicle in a public place, on a public street, or prohibited area of an unincorporated area.  25850(b) P.C. permits a search for a firearm to determine “loaded status” when an officer has a reasonable basis for believing a firearm is inside a vehicle (like viewing ammunition).  Failure to allow this search constitutes probable cause to arrest.  Then the passenger area of the vehicle could be searched as incident to arrest.

     Great field work!  In speaking with Memo, ATF&E may be interested in this felon for federal prosecution and a much longer sentence than under California’s Determinate Sentencing Law, even with a prior “strike.”

Stay Safe,

RH

NOTE: Comments offered by Officer Arguelles were published with his consent. Legal Updates does not publish your questions without your consent. 

Read More

P.O.S.T. Certified Law Enforcement recommended by Legal Updates!

TOP Rated training

PETALUMA POLICE DEPARTMENT IS SEEKING LATERAL OFFICERS

PETALUMA PD

TEHEMA COUNTY IS HIRING FOR DEPUTY SHERIFF AND CORRECTIONAL OFFICERS

 

TehemaDS

 

Home

LEGALUPDATES.COM

Trusted Resources

LEGALUPDATES.COM
1968 S. Coast Highway
Laguna Beach, CA 92651

(877) 266-4003

support@legalupdates.com 

General Questions:  admin@legalupdates.com

Contact Us/Help

Reading Corner

  • Prior Issues
  • Prior Cases
  • Special Updates
  • Bulletins
  • Editorials
  • Memorials
  • FAQs
  • Agency List

Be Social

Resources

  • Donate/Support us
  • Advertise with us
  • Classifieds
  • Honorary Supporters
  • Our Plans
  • White List Us
  • Helpful Links
  • Testimonials

all rights reserved © Copyright protected | legalupdates.com® u.s.r. 6,260.924   | Privacy Policy | Disclaimer & Terms of Use                                                     
Click here to provide Feedback                           

 

  • Home
  • OUR TEAM
  • JOBs/Classifieds
  • Training Portal
  • Login
  • Search

Already have an account? Login Here

Sign up now for free access to this content

Enter your details below and stay ahead of the curve.

We need a little information about you to approve your subscription. We take your privacy seriously. Don’t worry we never share your information with anyone.

Notifications
CAPTCHA

This is to verify you are human visitor and to prevent automated spam submissions.

We take your privacy seriously. As detailed in our Privacy Policy, we do not share your information with anyone. You will be able to update your communication preferences at any time. Please contact Legal Updates if you have any questions or need any assistance.

Login here to access the content

Forgot Password?
We take your privacy seriously. As detailed in our Privacy Policy, we do not share your information with anyone. You will be able to update your communication preferences at any time. Please contact Legal Updates if you have any questions or need any assistance.

We hope you have enjoyed your free trial Professional Membership subscription to Legal Updates. We invite you to continue to receive all our services by upgrading from our Basic to our Professional Membership. You can find a summary of all our plan benefits below. As always, we guarantee full satisfaction and will refund 100% of your payment if you are not satisfied.

Membership Plans

100% SATISFACTION GUARANTEE!

Plan Comparision

BASIC MEMBERSHIP
Complimentary
Limited Access
We still appreciate you!
PROFESSIONAL MEMBERSHIP
Full Unlimited Access
$15.00/mo ($180.00/year)
Sale! Only $7.50/ mo. ($90.00/year)
Access to our Website
Access to our Website
Receive Updates and Case Alerts
Receive Updates and Case Alerts
Access our library of prior issues and special updates
Access our library of prior issues and special updates
Search Capability
Search Capability
Ability to post comments
Ability to post comments
Print/download/save material from our site
Print/download/save material from our site
Direct access to our authors
Direct access to our authors
Annual Statutes and Changes in the law update (100+ pages)
Annual Statutes and Changes in the law update (100+ pages)
Annual Miranda Update
Annual Miranda Update
Annual Search & Seizure and Fourth Amendment Update (1000+ pages) Our most comprehensive and popular update! A must have for Judges, prosecutors, and police supervisors
Annual Search & Seizure and Fourth Amendment Update (1000+ pages) Our most comprehensive and popular update! A must have for Judges, prosecutors, and police supervisors
Annual Professional Training Certificate (12 Hours of training in legal updates)*
Annual Professional Training Certificate (12 Hours of training in legal updates)*
KEEP CURRENT PLAN

NEWSLETTER

Enter your email and would like to subscribe to our monthly updates.

Stay informed - subscribe to our newsletter.
CAPTCHA

This is to verify you are human visitor and to prevent automated spam submissions.