In what circumstances will the court order a search of a vehicle and search of the vehicle of a man who has been detained without probable cause to suspect criminal activity?

California, United States of America


The following excerpt is from People v. Gallegos, 54 Cal.App.4th 252, 62 Cal.Rptr.2d 666 (Cal. App. 1997):

3 In People v. Gallant, supra, 225 Cal.App.3d 200, 275 Cal.Rptr. 50, as the police were executing a search warrant at a residence where suspected narcotics were found, Gallant parked his vehicle at the curb and knocked on the front door of the residence. The officer who answered the door drew his gun and told Gallant he would be detained to determine his involvement with the residence and ordered him to step inside the house and conducted a patdown search. Within seconds of identifying himself, Gallant was asked to and did consent to a search of his person and his vehicle. A large sum of cash was found on his person and controlled substances were found in his vehicle. The court found that there had been a detention without probable cause to suspect criminal activity and that the consent had been given as a result of an illegal detention.

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