What is the test for probable cause to search a vehicle of a recent occupant?
California, United States of America
The following excerpt is from People v. Sutton, F059997 (Cal. App. 2011):
Thus, if there is probable cause to arrest a recent occupant of a vehicle, an officer does not need probable cause to search the vehicle, but only needs a reasonable basis to believe the vehicle contains evidence relevant to the offense of arrest. (People v. Osbourne (2009) 175 Cal.App.4th 1052, 1065.)
Page 25
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
When a traffic warden stops a vehicle for a search because of the smell of marijuana in the vehicle, can a search warrant be used to search for the drug? (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)
When a search warrant was issued for a van containing a duffel bag containing what is believed to be a large quantity of marijuana, is there probable cause to search the vehicle and its contents? (California, United States of America)
What is the test for obtaining a search warrant for a vehicle search in an incident to a recent occupant's arrest? (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)
Is there any requirement under federal search and seizure law that an auto search incident to an occupant's arrest must have some nexus between the vehicle and the crime for which the occupant was arrested? (California, United States of America)
