2019_December_17_Traffic_Stop_Searches_for_Documents_No_Longer_P.pdf

*LEGAL BULLETIN* SUBJECT: DURING TRAFFIC STOPS, ROUTINE SEARCHES OF VEHICLES FOR DRIVERS LICENSES, REGISTRATION, AND/OR PROOF OF INSURANCE, ARE NO LONGER PERMISSIBLE. DISCUSSION: Prior to November 25, 2019, in the combined cases of In re Arturo D. and Hinger (2002) 27 Cal. 4th 60, the California Su...

*LEGAL BULLETIN* SUBJECT: DURING TRAFFIC STOPS, ROUTINE SEARCHES OF VEHICLES FOR DRIVERS LICENSES, REGISTRATION, AND/OR PROOF OF INSURANCE, ARE NO LONGER PERMISSIBLE. DISCUSSION: Prior to November 25, 2019, in the combined cases of In re Arturo D. and Hinger (2002) 27 Cal. 4th 60, the California Supreme Court ruled that if requested documents were not produced by the driver, the officer could enter the vehicle and search for them, in places where they might reasonably be expected to be found, seizing any evidence that came into plain view in the process. (One Minute Brief 2019-26) On November 25, 2019, In re Arturo D. and Hinger (2002) 27 Cal. 4th 60 was overruled and should no longer be followed. In “People v. Lopez (2019) Cal. 5th S 238627 the California Supreme Court concluded that the desire to obtain a driver’s identification following a traffic stop does not constitute an independent, categorical exception to the Fourth Amendment warrant requirement. As a result, routine searches for documents such as driver’s licenses, driver’s identification, and likely by extension registration and proof of insurance, are no longer permissible. The court, in its decision, suggested possible alternatives to the now disallowed search for documents, including consent searches, exigent circumstances or the “automobile exception” based on probable cause. “And finally, if no other path seems prudent or permissible, the officer can arrest the detainee and take him or her to be booked into jail for the traffic violation” and if the vehicle can then be lawfully removed or impounded, a standardized inventory could occur. TAKEAWAY: In conclusion, this decision holds that officers conducting traffic stops may no longer routinely search the vehicle for a driver’s license or ID, and likely not for proof of insurance or registration, when the driver fails to provide such documents per the request of the officer. Please review The One Minute Brief, 2019-26, published by the Los Angeles County District Attorney’s Office. Any questions regarding this publication may be directed to the Legal Unit, Legal Affairs Division, at (213) 978-8305. Volume 41, Issue 1 -PUBLIC SAFETY THROUGH EDUCATION- December 17, 2019