Scigliano

WALLIN, Acting P.J.

James Scigliano was charged with possession and possession for sale of methamphetamine, possession of a syringe and giving false information to a police officer. At his preliminary hearing, Scigliano unsuccessfully sought to suppress the narcotics which were found in a closed container during an automobile inventory search. The superior court, however, disagreed with the magistrate and granted a motion to set aside the narcotics offenses, concluding the narcotics should have been suppressed. The prosecution has appealed.

Anaheim Police Officer James Wilkes was on routine patrol during the afternoon of August 3, 1986, when he saw Scigliano driving a 1986 Corvette which had no windshield. Scigliano drove from a parking lot onto the street as Wilkes followed and effected a traffic stop for the infraction of driving a vehicle without a windshield. Scigliano drove from the public street into a restaurant parking lot before stopping.

Wilkes requested Scigliano's license and registration and noted the presence of a female passenger, later identified as Ginger Kempster. Scigliano said his license and the car's registration were at home. He admitted the car…

James Scigliano was charged with possession and possession for sale of methamphetamine, possession of a syringe and giving *28 false information to a police officer. At his preliminary hearing, Scigliano unsuccessfully sought to suppress the narcotics which were found in a closed container during an automobile inventory search. The superior court, however, disagreed with the magistrate and granted a motion to set aside the narcotics offenses, concluding the narcotics should have been suppressed. The prosecution has appealed.

I

Anaheim Police Officer James Wilkes was on routine patrol during the afternoon of August 3, 1986, when he saw Scigliano driving a 1986 Corvette which had no windshield. Scigliano drove from a parking lot onto the street as Wilkes followed and effected a traffic stop for the infraction of driving a vehicle without a windshield. Scigliano drove from the public street into a restaurant parking lot before stopping.

Wilkes requested Scigliano’s license and registration and noted the presence of a female passenger, later identified as Ginger Kempster. Scigliano said his license and the car’s registration were at home. He admitted the car was not his…

Ordinarily, an officer seeking to protect personal property ought to ask the possessor whether he is interested in police assistance. An intrusion into the property of another for Ms own alleged benefit without so much as a by-your-leave, when the individual is present and in a position to state a preference as to its disposition, should rarely be considered reasonable. Nevertheless, I concur here.

There was good reason to believe, as indeed turned out to be the case, that Scigliano had given the officer a false name. And the car was not registered in that name. Thus, it would have accomplished little to inquire in tMs particular instance. At the scene the officer would not have been able to satisfy himself as to the defendant’s authority, at least not within a reasonable period of time. If the officer had left this very valuable automobile and its contents to the mercy of tMeves and vandals in its unlockable condition, the mumcipality might have been liable in negligence to Scigliano or the owner of the veMcle, or both, and possibly to an insurance company or lender as well. The veMcle was lawfully impounded.

The inventory search was, as the majority states, a violation of the…