Auer

Following the denial of his motion to suppress evidence (Pen. Code, § 1538.5), a jury convicted defendant of possession of oxycodone (percodan) (Health & Saf. Code, § 11350; count I), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count II), and driving with a suspended license (Veh. Code, § 14601.1, subd. (a)).

Sentenced to state prison for five years, defendant appeals contending the trial court erred in denying his motion to suppress evidence discovered during an impound search of his vehicle because (1) the seizure of his vehicle cannot be justified by statutes authorizing impoundment of vehicles (see Veh. Code, §§ 22651, 22653, 22655.5) or as an exercise of an officer’s community caretaking function (see Cady v. Dombrowski (1973) 413 U.S. 433 [ 37 L.Ed.2d 706 , 93 S.Ct. 2523 ]); and (2) even if the seizure were reasonable, the prosecution failed to show the impound search was governed by standardized police procedures.

We requested, and received, additional briefing on the applicability of Vehicle Code section 22655.5 to the impoundment of defendant’s car. We conclude the impoundment of defendant’s car was authorized by subdivision (a) of…