Ingle

Ingle v. Superior Court

Good Law
129 Cal. App. 3d 188·181 Cal. Rptr. 39·1982 Cal. App. LEXIS 1314
Court of Appeal of CaliforniaFebruary 25, 1982Civ. 60650California2,413 words

Opinion

Opinion

Hastings, J.

Petitioner filed this petition for writ of mandate to challenge the denial of her motion to suppress certain evidence seized in a search of her automobile. (Pen. Code, § 1538.5.) We issued an alternative writ as we believed the law in this area required clarification. Since then the United States Supreme Court has issued two decisions on the subject of automobile searches, New York v. Belton (1981) 453 U.S. 454 [ 69 L.Ed.2d 768 , 101 S.Ct. 2860 ] and Robbins v. California (1981) 453 U.S. 420 [ 69 L.Ed.2d 744 , 101 S.Ct. 2841 ], The latter decision provides guidance for the resolution of one of the issues raised in the present petition.

Facts

Petitioner was stopped by California Highway Patrolman Lavette, who observed her driving “well in excess of 90” miles an hour. Lavette asked petitioner for her driver’s license or vehicle registration. Petitioner gave him a temporary registration slip and told him that she did not have her license with her. Lavette asked her for her name and date of birth. She gave him the name Lorenzen and a date of birth. Lavette radioed for an automated name index check for a driver’s license. The information radioed back to him was that there…

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