Are vehicle searches Legal after finding ammunition on passenger?
Ray  Hill
Ray Hill
  • Ref # CAB00173
  • August 24, 2022

Are vehicle searches Legal after finding ammunition on passenger?

By: Ray Hill, Professor Emeritus, Santa Rosa Junior College

     One of the rewards of teaching is having contact with past students.  Periodically, I get emails or phone calls about case law.  Most calls are just confirming, “Is what I did OK ”  And, almost 100% of the time, the officer or deputy is right on point with existing case precedent.

     I want to share a recent conversation and question from K-9 Officer Guillermo (Memo) Arguelles of Daly City P.D.  His proactive field work and application of case law led to getting a true “bad guy” off the street.

The facts are straightforward:  

     Officer conducts a traffic stop; the passenger in the rear seat has an outstanding warrant and is arrested; a search of the passenger incident to arrest revealed founds of handgun ammunition on her person; Officer searches the vehicle for the gun that fits the ammunition and finds three stolen handguns in the glove compartment.  Turns out the driver of the vehicle is already a convicted felon.

     Question was – “I believe I’m good, but just want ....

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