197 Cal. App. 4th 907
Cal. Ct. App.2011Background
- Officers stopped Bennett for illegally parked in a red fire lane and for window tinting violations under Vehicle Code.
- Bennett looked at the officers; he lurched the car forward and was ordered to stop.
- Bennett tossed something onto the driver’s floor as officers approached.
- An officer observed what appeared to be crack cocaine in a bag and arrested Bennett; searches of Bennett and the car followed.
- Police recovered over 100 baggies, an electronic scale, and a razor with residue; lab later confirmed crack cocaine.
- Bennett was charged with possession for sale and transportation of cocaine base, with priors; suppression motion denied; he proceeded to trial where the jury convicted count1 and convicted count2 of a lesser included offense; sentence imposed and appeal filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was permissible as a vehicle stop for a civil parking violation | Bennett argues the stop violated the Fourth/Fourteenth Amendments since parking is civil, not criminal. | The People argue Whren allows stops for Vehicle Code violations regardless of civil/criminal classification. | Stop reasonable; Fourth Amendment not violated. |
| Whether Bennett’s possession-for-sale conviction is a lesser included offense of possession-for-sale/transportation, requiring reversal | N/A (Bennett’s argument focuses on lesser included offense status) | N/A | Conviction for possession of cocaine base reversed as a lesser included offense. |
Key Cases Cited
- People v. Maury, 30 Cal.4th 342 (2003) (standard for reviewing suppression rulings; defer to trial findings; independent appellate review of legality of search/seizure)
- Mapp v. Ohio, 367 U.S. 643 (1961) (incorporation of Fourth Amendment protection via due process)
- Delaware v. Prouse, 440 U.S. 648 (1979) (vehicle stops constitute seizures; limits on stop scope)
- Whren v. United States, 517 U.S. 806 (1996) (probable cause to believe a traffic violation justifies a stop; civil/criminal distinction irrelevant for stop)
- Hart, 74 Cal.App.4th 479 (1998) (officer may detain motorist for Vehicle Code violations to issue a citation)
- Brown, 62 Cal.App.4th 493 (1998) (police may stop a motorist suspected of Vehicle Code violation to issue citation)
- Choudhry, 461 F.3d 1097 (2006) (Ninth Circuit: parking violation civil enforcement does not defeat stop; parking is traffic violation under CA Vehicle Code; Whren applies)
- Tyler v. County of Alameda, 34 Cal.App.4th 777 (1995) (parking violations treated as civil penalties; enforcement procedures)
- People v. Grant, 217 Cal.App.3d 1451 (1990) (authority supporting vehicle-code enforcement through stop)