People v. Johnson
Annotate this CaseThe Court of Appeal affirmed the trial court's denial of defendant's motion to suppress evidence during a search of his car. Defendant pleaded no contest to one count of sale of a controlled substance (cocaine base) and admitted that the crime had been committed to benefit a criminal street gang. The court held that the search of defendant's car was not a valid search incident to his arrest because the car was two blocks away from the site of his arrest. However, the search of defendant's car was supported by probable cause under the automobile exception to the general prohibition of a warrantless search. In this case, defendant had entered his car immediately after the transaction with a woman, the officer had a substantial basis to believe that defendant left the plastic bag with the remaining rock-like objects and the money he had been paid in the car; and the search of the vehicle would therefore disclose contraband or evidence of criminal activity.
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