40 Cal.App.5th 853
Cal. Ct. App.2019Background
- Officers stopped a Cadillac for a possible Vehicle Code violation; Officer Robles patted down driver Brandon Lee and found a small bag of marijuana and $100–$200 in cash.
- Checks revealed Lee’s license was suspended; Lee was asked to step out, handcuffed, and placed in a patrol car; his passenger Michael was also detained.
- Robles told Lee the car would be impounded and proceeded to search the vehicle before completing any impound paperwork; he searched under seats, the center console, and accessed the trunk via a fold-down armrest.
- In the trunk backpack Robles found a firearm and cash; using a glovebox key obtained from the passenger, Robles found two baggies (about 56 grams) of cocaine, small baggies, a knife, and digital scales.
- Robles did not complete the ARJIS-11 impound/inventory form at the scene and did not assist the officer who later filled it out; trial court suppressed the evidence as the search was neither supported by probable cause nor a valid inventory search.
- The People appealed; the Court of Appeal affirmed the suppression order, emphasizing marijuana legalization’s impact and finding the impound/search motivated by investigation rather than caretaking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported a warrantless automobile search | Facts (marijuana on person, Lee admitted delivering medical marijuana, cash, "tensing") collectively gave fair probability contraband would be found | Small amount of marijuana was lawful under Prop 64 and not contraband; other facts were minimal and insufficient | No. Probable cause lacking—legal possession of marijuana little weight; other factors insufficient |
| Whether the search qualified as a valid inventory search incident to impound | Officer had authority to impound for suspended license and to inventory the vehicle | Impound served no community caretaking function and was a pretext to investigate; officer’s actions and failure to complete ARJIS-11 show investigatory motive | No. Impound/inventory was pretextual; search not a legitimate inventory search |
Key Cases Cited
- Alabama v. White, 496 U.S. 325 (probable-cause/informant standard referenced for "fair probability")
- Ornelas v. United States, 517 U.S. 690 (totality-of-circumstances, objective probable-cause review)
- California v. Opperman, 428 U.S. 364 (inventory-search exception rationale)
- Colorado v. Bertine, 479 U.S. 367 (inventory-search purpose and standards)
- Florida v. Wells, 495 U.S. 1 (inventory searches cannot be a ruse to rummage for evidence)
- United States v. Ross, 456 U.S. 798 (scope of automobile exception)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
- Arizona v. Gant, 556 U.S. 332 (limits on searches incident to arrest applicable to vehicles)
- People v. Strasburg, 148 Cal.App.4th 1052 (pre-Prop 64 case finding odor/sight of marijuana supported probable cause)
- People v. Waxler, 224 Cal.App.4th 712 (post-decriminalization case holding marijuana odor justified automobile search)
- People v. Fews, 27 Cal.App.5th 553 (case applying Strasburg/Waxler in context of possible DUI/open-container exceptions)
- People v. Torres, 188 Cal.App.4th 775 (inventory/impound decisions invalid where impound was pretext to investigate)