People v. Superior Court (Overland)

Introduction

The People bring a petition for writ of mandate seeking reversal of the order of respondent court excluding evidence against real party in interest William Hine Overland (defendant) pursuant to Penal Code section 1538.5. The court below found that police officers should have obtained a warrant before searching defendant’s vehicle as it was not accessible to him and was under surveillance.

We find that since the police had probable cause, the search was reasonable under the automobile exception to the Fourth Amendment warrant requirement and hold that defendant’s physical or temporal proximity to the search was immaterial. Accordingly, we reverse and issue a peremptory writ.

Factual Statement

Defendant was charged with embezzlement of public funds, Penal Code section 424, and grand theft, Penal Code section 487. At the hearing to suppress evidence, he did not challenge the substantial accuracy or legal effect of the events which led to his arrest and established probable cause to search his vehicle. Rather, he argued that under the circumstances presented, the police were required to first obtain a search warrant. Therefore, we state the facts…