Norris

Defendant was convicted of violating section 12025 Penal Code by carrying concealed within a vehicle a .32 caliber revolver without having a license to do so. The gun was found by Officer Megeff of the Los Angeles Police Department under the following circumstances. An accident had occurred and defendant’s pickup truck was across the middle of the street blocking traffic. Defendant was not at the scene, having been removed by ambulance before the officer’s arrival. The officer called a tow truck to remove and impound defendant’s vehicle and while awaiting the tow truck’s arrival he proceeded to make an inventory of the contents of the vehicle. The revolver was found in the glove compartment. Defendant objected to any testimony regarding the contents of the glove compartment and to the admission of the revolver on the ground that defendant’s rights under the Fourth Amendment to the United States Constitution had been violated by an unreasonable search and seizure.

Under the Fourth Amendment two things must be considered: was there a search, and, if so, was that search unreasonable? We believe the “totality of the circumstances” rule laid down in People v. Webb (1967) 66 Cal.2d 107…