California, United States of America
The following excerpt is from In re Arturo D., 115 Cal.Rptr.2d 581, 27 Cal.4th 60, 38 P.3d 433 (Cal. 2002):
26. In a related argument, defendant maintains that section 2805, which was relied upon in Webster, supra, 54 Cal.3d 411, 285 Cal.Rptr. 31, 814 P.2d 1273 (and which is quoted and discussed, ante, at fn. 5), is unconstitutional because it assertedly purports to authorize the search of an occupied vehicle in violation of applicable constitutional limitations. As noted in People v. Burnett, supra, 107 Cal.App.3d 795, 800, 165 Cal.Rptr. 781, and as we observed in Webster, supra, 54 Cal.3d at page 430, 285 Cal.Rptr. 31, 814 P.2d 1273, section 2805 is to be read consistently with applicable constitutional limitations, and, so construed, it is not invalid but simply operates to grant specific statutory authority for certain kinds of vehicle searches and, in conjunction with the case law applying the statute, to reduce a driver's expectation of privacy with regard to such limited searches.
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