Is it of no constitutional significance that the paint was scraped from the car after it was impounded by the police?

California, United States of America


The following excerpt is from People v. Robinson, 209 Cal.App.3d 1047, 257 Cal.Rptr. 772 (Cal. App. 1989):

It is of no constitutional significance that the paint was scraped when the car was parked in the street, while in Cardwell the paint was scraped from the car after it was in an impound lot. "We do not think that, because the police impounded the car prior to the examination, which they could have made on the spot, there is a constitutional barrier to the use of the evidence obtained thereby." (Cardwell v. Lewis, supra, 417 U.S. at p. 593, 94 S.Ct. at pp. 2470-2471, emphasis added.)

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