01/07/2026
Ok so... Lets get something straight here about whether a cop can search your entire car when they have probable cause, or just the passenger area of the vehicle.... (probable cause in this instance will be drug paraphernalia, aka a *glass pipe*)
THE PEOPLE, Plaintiff and Respondent, v. CHARLES STEVEN ACEVEDO, Defendant and Appellant
We recognize the anomalous nature of the Ross-Chadwick dichotomy:
1: If police have probable cause to believe contraband is concealed in a particular container, they must obtain a warrant before searching it, even when it is being stored in a vehicle.
2: If the investigation has, for whatever reason, yet to focus on a particular container and there is only probable cause to believe the contraband is located somewhere in an automobile, officers may conduct a warrantless search of any container in the car that could reasonably conceal the evidence.
The first situation was described by Justice Kaus in People v. Ruggles (1985) 39 Cal. 3d 1 [216 Cal. Rptr. 88, 702 P.2d 170] as "type A" and the second "type B."
The crucial distinction is that in a type A case "officers do not have probable cause to believe the vehicle itself -- as distinguished from the container -- contains seizable material." (Id., at p. 14 (dis. opn. of Kaus, J.).)
(now skip down to this part below)
[5] The Attorney General also argues, "[s]ince the officers had probable cause to arrest appellant they had the right to search the entire car and any objects in the car."
This argument misstates the law, however, If you dont know the law, its your own fault you got burned at court!!!
