California Court of Appeal

Convictions for involuntary manslaughter and vehicular manslaughter with gross negligence while intoxicated are affirmed, where: 1) the warrantless search and seizure of the sensing diagnostic module (SDM) data downloaded from defendant's lawfully impounded vehicle did not violate the Fourth Amendment because the scope of the search did not exceed probable cause; 2) the instrumentality exception to the warrant requirement applies; 3) defendant did not have a subjective expectation of privacy in the SDM's recorded data because she was driving on the public roadway; and 4) the trial court did not err in admitting evidence of the SDM data, and even there were error, it was harmless in light of the overwhelming evidence of defendant's guilt.

Appellate Information

• Decided 02/06/2013
• Published 02/06/2013

Judges

• HOLLENHORST

Court

• California Court of Appeal

Counsel