People v. Quick
210 Cal. Rptr. 3d 256
| Cal. Ct. App. | 2016Background
- Officer stopped Daniel Quick after observing Vehicle Code violations and because Quick had been linked to a narcotics investigation and allegedly had access to firearms.
- Officer observed signs of drug impairment (constricted pupils, tremors, open sores); Quick admitted using Percocet and marijuana earlier that day.
- Quick refused initial field sobriety requests, later exited the car, tossed his jacket and keys into the vehicle, rolled up the window, and locked the car before officers completed testing and arrested him for driving under the influence of a controlled substance.
- Sergeant Carr ordered the vehicle towed because it partially blocked a driveway and protruded into the roadway; officers performed an inventory search under department procedure and found ~25.9 grams of methamphetamine, pipes, and a Taser.
- Quick moved to suppress the evidence, arguing the impound and inventory were a pretext for a narcotics search; the trial court denied the motion, finding probable cause for DUI arrest and that the impound/inventory complied with standard procedures.
- On appeal Quick argued the stop/arrest were a ruse to investigate narcotics and that the search violated Arizona v. Gant; the Court of Appeal affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of vehicle impound/inventory search | Inventory was lawful; vehicle impeded traffic and was impounded under Veh. Code §22651 and searched per standardized policy | Impound/search was a pretext for narcotics investigation and thus unlawful | Affirmed: impound was authorized for public-safety reasons and inventory followed standard procedures, so search was reasonable |
| Search incident to arrest under Gant | Arrest for DUI justified belief vehicle may contain evidence related to drug/alcohol use; Gant allows vehicle search when it may contain evidence of the offense of arrest | Gant prohibits search because officers lacked reason to believe DUI evidence would be in car; search unreasonable | Affirmed: arrest for being under the influence generally supports a search for drug/alcohol evidence in the vehicle (Gant and CA precedent) |
| Ability to defeat search by locking vehicle | Police had authority to secure and inventory vehicle; a detainee cannot defeat a search by locking incriminating evidence in the car | Quick attempted to prevent search by throwing items in and locking car | Court held defendant cannot avoid a lawful search or inventory by locking evidence in the car; obstructing officers can be a crime |
| Pretext inference from narcotics tip | Officers conducting DUI enforcement and impound acted within caretaking authority despite prior narcotics tip | Quick argued the stop/arrest were a ruse to search for narcotics | Court credited officer testimony and objective facts; pretext finding not supported and search upheld |
Key Cases Cited
- Colorado v. Bertine, 479 U.S. 367 (1987) (upholds inventory searches under community caretaking doctrine when standardized procedures are followed)
- South Dakota v. Opperman, 428 U.S. 364 (1976) (authorizes warrantless inventory searches of impounded vehicles to protect property and police from claims)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits searches incident to arrest to reachability or a reasonable belief vehicle contains evidence of the offense of arrest)
- People v. Nottoli, 199 Cal.App.4th 531 (2011) (applies Gant to hold DUI arrest can justify searching vehicle for drug/alcohol evidence)