People v. Zabala, H043328

Defendant Saul Zabala was stopped for a traffic infraction while driving on a suspended license; deputies impounded the vehicle and began an inventory search.
Deputies found four small blue baggies containing a white powder in a paper bag beneath the driver’s seat; Deputy Dorsey (an expert on narcotics packaging) thought the packaging and appearance were consistent with illegal drugs.
While performing the inventory, Dorsey observed the radio/dashboard console appeared loose and tampered with; he removed the console with a pocketknife and recovered multiple bags of methamphetamine from a hidden compartment behind it.
Defendant was charged with transportation and possession for sale of methamphetamine and driving on a suspended license; he moved to suppress the methamphetamine as the fruit of an unlawful inventory search.
Trial court denied suppression, concluding removal of the console was within the scope of an inventory search; on appeal the Court of Appeal held removal exceeded the department’s inventory protocol but the search was independently supported by probable cause under the automobile exception, so the conviction was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether removing the dashboard console was within a lawful inventory search	Department could search customary storage areas and closed containers during inventories; console removal protected valuables	Removing console exceeded inventory scope; hidden compartment is not a customary storage area or a "closed container"	Removal exceeded inventory-search scope under Bertine/Wells (not a routine inventory act)
Whether evidence found behind the console was admissible under the automobile/probable-cause exception	Probable cause existed: narcotics-like baggies under seat, tampered console, officer training/experience supported search	Baggies were not identified as illegal on scene so could not supply probable cause to search dashboard	Totality of circumstances (packaging, location, tampering, officer expertise) established probable cause to search behind console; search lawful under automobile exception

South Dakota v. Opperman, 428 U.S. 364 (recognizes validity of routine inventory searches of impounded vehicles)
Colorado v. Bertine, 479 U.S. 367 (upholds inventories opening closed containers when standardized procedures govern)
Florida v. Wells, 495 U.S. 1 (requires standardized policy for opening closed containers during inventories)
United States v. Ross, 456 U.S. 798 (warrant exception for searches of every part of a vehicle that may contain the object of a search)
United States v. Johns, 469 U.S. 478 (warrantless vehicle search in police custody permitted on probable cause without exigency)
Arizona v. Gant, 556 U.S. 332 (limits searches incident to arrest; recognizes other automobile-search exceptions)
United States v. Best, 135 F.3d 1223 (8th Cir.) (searching behind vehicle panels exceeded ordinary inventory scope)
United States v. Lugo, 978 F.2d 631 (10th Cir.) (removal of door panel to retrieve contraband is not a standard inventory procedure)