Supreme Court of California

The court of appeal's reversal of trial court's denial of defendant's motion to suppress drugs and drug paraphernalia recovered from a chips bag and a pair of shoes in the backseat of defendant's vehicle, is reversed and remanded where: 1) officer's search of the vehicle, based on a front seat passenger's parole status, was reasonable under the Fourth Amendment; 2) the Constitution permits a search of those areas of the passenger compartment where the officer reasonably expects that the parolee could have stowed personal belongings or discarded items when aware of police activity; and 3) the officer may search personal property located in those areas if the officer reasonably believes that the parolee owns those items or has the ability to exert control over them.

Appellate Information

• Decided 12/03/2012
• Published 12/03/2012

Judges

• Corrigan

Court

• Supreme Court of California

Counsel