Hunt

People v. Hunt

Caution
1990 Cal. App. LEXIS 1205·225 Cal. App. 3d 498·275 Cal. Rptr. 367·90 Cal. Daily Op. Serv. 8499
Court of Appeal of CaliforniaNovember 20, 1990C007356California3,653 words

Opinion

Opinion

Sims, J.

In this case we decide, among other things, that a passenger in a car is properly citable for not wearing a seat belt, a violation of Vehicle Code section 27315 (hereafter section 27315), when a police officer lawfully stops the car for a traffic violation and sees the passenger is not wearing a seat belt. We also decide that where a police officer arrests the occupant of a car, places him in the backseat of a patrol car, and immediately conducts a search of the passenger compartment of the occupant’s car, the search is lawful under New York v. Belton (1981) 453 U.S. 454 [ 69 L.Ed.2d 768 , 101 S.Ct. 2860 ]).

Defendant Bruce Hunt appeals following his conviction by jury of various felony offenses related to defendant’s manufacture and sale of rock cocaine.

In an unpublished portion of the opinion, we reject defendant’s contention his convictions are not supported by substantial evidence. Here, we consider and reject defendant’s argument the trial court erroneously denied his motion to suppress evidence. (Pen. Code, § 1538.5.)

I

Evidence Adduced Upon the Motion to Suppress

At the motion to suppress, the trial court heard the following testimony of arresting officer…

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