Can a search warrant be used to search a car's trunk after the driver fled from the scene of a crime?

California, United States of America


The following excerpt is from People v. Guy, 107 Cal.App.3d 593, 165 Cal.Rptr. 463 (Cal. App. 1980):

Furtive action like flight from the scene of a crime may well be an expression of consciousness of guilt providing probable cause to search. (People v. Superior Court (Kiefer), supra, 3 Cal.3d 807, 817, 91 Cal.Rptr. 729, 478 P.2d 449.) In view of the fact defendant had attempted to elude the police by extremely dangerous driving, his fussing with the contents of the trunk could be given a guilty connotation warranting a search. 1 Probable cause to search the trunk was only reinforced not established by discovery of the marijuana. 2 (People v. Superior

Page 467

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