People v. Mitchell

Following her plea of no contest to one count of possession of methamphetamine, defendant Theresa May Mitchell appeals on the sole ground that her motion to suppress evidence was erroneously denied. We disagree and affirm the judgment. We hold here that pursuant to the arrest of an occupant of a vehicle, police may search the passenger compartment and any containers therein, including containers belonging to nonarrested individuals.

Facts

At approximately 11 p.m. on the night of February 4, 1994, Napa County Deputy Sheriff Mark Foster stopped a car with an unlighted taillight. Defendant was the passenger and her husband the driver. Because defendant was not wearing her seat belt, Foster asked for her identification. Defendant told Foster she had no driver’s license or California identification card, then reached into her purse and pulled a check cashing card from her wallet.

Foster arrested defendant’s husband for driving with a suspended license. Pursuant to that arrest, Foster searched the car and its contents, including defendant’s purse, which he found on the floorboard in front of the passenger seat. He acknowledged that the purse belonged to a woman. Inside the…