People v. Mou CA2/3

facts. Mou moved to suppress evidence recovered during the

3 search of the vehicle under Penal Code section 1538.5, subdivision (a).2 Mou argued that the officers’ decision to tow the vehicle was not reasonable because they could have instead moved it to a legal parking spot or contacted the registered owner. Mou also argued that the search was not a proper inventory search. Mou asserted the officers’ actions reflected an investigative search seeking contraband. The magistrate found Manis credible. Based on the totality of the circumstances, the magistrate concluded the officers “had authorization to, A, have the car towed; and B, conduct some limited search of the vehicle, which I believe they did in this case.” The magistrate reasoned that the search was proper because it did not reach “the trunk or the backseats,” and was instead restricted to “the front of the car, by the console and underneath the seats.” The magistrate denied Mou’s motion to suppress. Mou renewed his motion to suppress in the trial court. The court denied the motion. Mou pleaded no contest to two counts of unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1)) and admitted the aggravating…