In what circumstances will police obtain a search warrant for a vehicle that has been impounded and found a murder weapon in the vehicle?

California, United States of America


The following excerpt is from People v. Martinez, 118 Cal.App.3d 624, 173 Cal.Rptr. 554 (Cal. App. 1981):

In People v. Odom (1980) 108 Cal.App.3d 100, 166 Cal.Rptr. 283 police stopped a vehicle matching the description of one driven by a murderer near the crime scene and within fifteen minutes of the crime. Without waiting for a warrant, they searched the vehicle and found the murder weapon under the front seat. The court held that the search was valid. There was recognition of the danger of loss of evidence inherent in any lengthy stakeout of the vehicle or moving and impounding it. Also, in view of the time and space relationship to the shooting scene, there was an urgent, immediate need to ascertain whether there was no weapon in the car in order to retrace the suspect's route to search for any discarded weapon.

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