When will the prosecution oppose a motion to search a vehicle in search of evidence of a prior to arrest?
California, United States of America
The following excerpt is from People v. Collins, F068252, F068253 (Cal. App. 2015):
In response, the prosecution's opposition to the motion relied on the automobile exception of Arizona v. Gant (2009) 556 U.S. 332 to justify the search, quoting as follows: "'[C]ircumstances unique to the automobile context justify a search incident to arrest when it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.'" The prosecution explained:
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