What is the test for probable cause to search a car's trunk?

California, United States of America


The following excerpt is from People v. Superior Court (Valdez), 196 Cal.Rptr. 359, 35 Cal.3d 11, 671 P.2d 863 (Cal. 1983):

2 To satisfy the "probable cause" prong of the Dumas-Cook-Johnson test, an officer must be "aware of facts that would lead a man of ordinary caution or prudence to believe, and conscientiously to entertain, a strong suspicion that the object of the search is in the particular place to be searched." (Wimberly v. Superior Court, supra, 16 Cal.3d at p. 564, 128 Cal.Rptr. 641, 547 P.2d 417.) Moreover, because of the greater expectation of privacy associated with a car trunk, probable cause to search the passenger compartment is not necessarily sufficient to justify a search of the trunk. (See id., 16 Cal.3d at p. 568, 128 Cal.Rptr. 641, 547 P.2d 417.) Probable cause to search the trunk in this case has been conceded. Therefore, that prong of the Dumas-Cook-Johnson test is not discussed further in this opinion.

Other Questions


Can a search warrantless search of a car trunk be justified on the basis of probable cause or consent? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
Can the odor of marijuana in a parked car provide probable cause to search the car? (California, United States of America)
Is a search warrant necessary to search the trunk of a car? (California, United States of America)
Can a search undertaken pursuant to an invalid search warrant be considered incident to an arrest based upon probable cause? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
Can a warrantless search of a car and its trunk be used to search for stolen bonds? (California, United States of America)
Is a search of the trunk of a car during a search for illegal firearms valid? (California, United States of America)
Does the record support the asserted probable cause to search a car for evidence or contraband? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.