People v. Bell CA1/1

Filed 2/22/13 P. v. Bell CA1/1 Received for posting 2/28/

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, A134249

Plaintiff and Respondent, (Contra Costa County v. Super. Ct. No. 05-111297-8)

WALTER BELL,

ORDER MODIFYING OPINION

Defendant and Appellant. AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

BY THE COURT:

It is ordered that the nonpublished opinion filed herein on February 8, 2013, be modified as follows: Replace the first sentence of the first paragraph of page 9 with the following: Although Officer Scott may well have subjectively intended initially only to issue a citation, that fact does not render the patsearch illegal. The United States Supreme Court has long held the officer’s subjective intent is not controlling if the action he takes is otherwise objectively reasonable. (Whren v. United States (1996) 517 U.S. 806, 813; Scott v. United States (1978) 436 U.S. 128, 138.) The officers here had probable cause to believe defendant had been drinking an alcoholic beverage from an open container in public…