Can a person who is arrested for driving under the influence of a controlled substance lock incriminating evidence in their vehicle?
California, United States of America
The following excerpt is from People v. Quick, 210 Cal.Rptr.3d 256, 5 Cal.App.5th 1006 (Cal. App. 2016):
generally be reasonable for an officer to believe evidence related to that crime might be found in the vehicle. [Citations.] It is certainly logical and reasonable to expect that items related to alcohol or drug consumption, such as alcoholic beverage bottles or drug paraphernalia, might readily be contained in the intoxicated driver's car." (Id. , at p. 750, 133 Cal.Rptr.3d 323.) The trial court did not err in finding that the search was reasonable and incident to the arrest for driving under the influence of a controlled substance. (Ibid . ; People v. Nottoli , supra , 199 Cal.App.4th at p. 553, 130 Cal.Rptr.3d 884.) A person arrested for driving under the influence may not defeat a "search incident to arrest" by locking incriminating evidence inside his vehicle. As indicated, it is a crime to do so.
The judgment (order denying motion to suppress evidence) is affirmed.
We concur:
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