Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking?

California, United States of America


The following excerpt is from People v. Montero, 48 Cal.App.4th 1524, 56 Cal.Rptr.2d 303 (Cal. App. 1996):

Thus, unlawful vehicle taking requires some slight movement of the car. (People v. White (1945) 71 Cal.App.2d 524, 525, 162 P.2d 862; cf. People v. Score (1941) 48 Cal.App.2d 495, 497, 120 P.2d 62, holding that finding an auto burglar inside the victim's parked car and ransacking it provided probable cause to arrest the burglar for, among other crimes, attempted auto theft and completed unlawful vehicle taking, because the burglar "temporarily deprive[d] the owner of [the] vehicle of temporary possession even without the intent to steal....")

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