California Vehicle Stops, Searches, Other Crimes Summary:

This publication contains two separate, but related topics. Vehicle Stops and Searches covers all aspects of vehicle stops and searches by police officers from the initial observation of a suspect vehicle through its stop and search.

In particular, it covers: warrantless searches on probable cause alone, delay in search, closed container searches, traffic stops and pretext stops, prolonged detentions, record checks, furtive movements, examination of occupants, plain sight and plain smell observations, dog sniffs, “Where there’s some, there’s more,” trunk searches, consent searches, approach of parked cars, auto stops on reported crimes, auto stops on report of DUI driver, “Is this the right car?”, auto stop on suspicious circumstances, auto stop on tip from an informant, auto stop on “Amber Alert” or wanted flyer, OK to order driver and passengers out – or back in, OK order passengers to show hands, pat down of occupants, request and search for registration/driver license, arrest for no driver license, search following arrest, search of passengers’ belongings, auto itself as instrumentality of a crime, auto left at the scene of a crime, suspected stolen auto, search for weapons, impound and inventory, installation of tracking devices, highway checkpoints, auto sales, repair facility and wrecking yard searches and exclusionary rule exceptions.

Vehicle Pursuit Related Crimes covers all crimes committed during the typical vehicle pursuit. This include misdemeanor evading, felony evading, evading with serious bodily injury or death, assault with a deadly weapon (the car), intentional murder, felony murder based on felony evading, vehicular manslaughter, vicarious liability homicide, hit and run, carjacking, kidnapping for carjacking and auto theft . There is also a section on the police use of deadly force to terminate a pursuit.

All points of law are supported by case citations to the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, the California Supreme Court and/or the California Courts of Appeal. Many points of law are supported by direct quotations from the relevant cases.

This publication is of greatest interest to California Peace Officers and attorneys, although it may be used effectively for instruction and reference in law schools and as part of a criminal justice or paralegal program. If printed there will be a total of 106 pages. An ASCII file is also included.



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