Is there probable cause to search a truck and its contents without consent?

California, United States of America


The following excerpt is from People v. Carvajal, 202 Cal.App.3d 487, 249 Cal.Rptr. 368 (Cal. App. 1988):

As a final ground for denying the motion to suppress, the trial court found that there was probable cause to search the truck and its contents, without consent. The warrantless search of an automobile is not unreasonable if officers have probable cause to believe that the vehicle contains contraband. ( United States v. Ross, supra, 456 U.S. at p. 807, 102 S.Ct. at p. 2163.) The probable cause determination "must be based on objective facts that could justify the issuance of a warrant by a magistrate[202 Cal.App.3d 498] and not merely on the subjective good faith of the police officers." ( Id. at p. 808, 102 S.Ct. at p. 2164.) "If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search." ( United States v. Ross, supra, 456 U.S. at p. 825, 102 S.Ct. at p. 2173.)

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