Can police search the purse of a defendant who has left it in a stolen vehicle?

California, United States of America


The following excerpt is from People v. Ford, H037151 (Cal. App. 2012):

Similarly, in People v. Shepherd (1994) 23 Cal.App.4th 825 (Shepherd), the court of appeal affirmed the trial court's denial of the defendant's motion to suppress. Defendant had left her purse in a stolen truck. Police searched the truck and the purse, which contained information that identified defendant. (Id. at p. 827.) The court concluded that defendant had no legitimate expectation of privacy in the purse. (Id. at p. 829.) "Whether a woman has a legitimate privacy interest in the contents of her purse depends in part on where the purse is located. Thus, a woman who forgetfully leaves her purse on a chair at the dress shop may reasonably expect someone to look inside it to ascertain the rightful owner. (See [Juan, supra, 175 Cal.App.3d 1064].) Similarly, one who leaves her purse in a stolen vehicle may reasonably expect someone to look in the purse to ascertain the identity of the victim or thief. In short, by leaving her purse in a stolen vehicle, defendant failed to take normal precautions to maintain her privacy in the purse." (Shepherd, supra, 23 Cal.App.4th at p. 829.)

Other Questions


Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
When a motor vehicle is stolen, can the owner of the stolen vehicle ask for a warrant to search the vehicle's contents? (California, United States of America)
What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle? (California, United States of America)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Can a search warrant be used to seize a stolen vehicle because of the serious problem of trafficking in stolen vehicles? (California, United States of America)
Does a search of a vehicle by a plainclothes police officer during a search for drugs in which neither defendant nor the female passenger were under arrest? (California, United States of America)
What is the difference between a defendant's conviction for possession of a stolen vehicle and possession of the stolen vehicle under section 490.2 of the California Penal Code? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.