Diaz

I. INTRODUCTION

Defendant Elva Diaz appeals from her conviction of involuntary manslaughter (Pen. Code, § 192, subd. (b)), 1 as a lesser included offense to the *746 charge of second degree murder in count 1, and vehicular manslaughter with gross negligence while intoxicated (§ 191.5, subd. (a)) in count 2. Defendant contends the admission of evidence obtained through the warrantless seizure of the sensing diagnostic module (SDM) 2 from her previously impounded vehicle and the downloading of data from the device violated her Fourth Amendment rights. We affirm.

H. FACTS AND PROCEDURAL BACKGROUND

A. Prosecution Evidence

About 8:00 p.m. on February 21, 2008, defendant drove herself and her then boyfriend, Zachary Palumbo, in her Chevrolet Tahoe truck to a bar a mile or two from their home. At the bar they drank and socialized. Palumbo had been a police officer for about nine years, and he was trained in identifying signs of intoxication. When they left the bar at 11:00 p.m. or 12:00 midnight, Palumbo believed he was less intoxicated than defendant, and he offered to drive home. An argument ensued, and defendant got into the driver’s seat and insisted on driving. The…