United States v. Scott
District Court, E.D. California · 2006-04-24 · cited 2×
In United States v. Scott, the defendant moved to suppress two baggies of marijuana discovered in the glove compartment and a cigarette box of his overturned vehicle following a single-vehicle accident in Lassen Volcanic National Park. After an officer smelled alcohol, administered field sobriety and breath tests yielding a .168 blood alcohol concentration, and arrested the defendant for driving under the influence, another officer searched the vehicle approximately fifty minutes later. The court denied the motion to suppress, holding that the search of the glove compartment was justified under the community caretaking function to obtain the vehicle registration and insurance information needed for the investigation and towing, even though registration had been confirmed electronically; discovery of the first baggie then supplied probable cause for the cigarette box. The ruling emphasized that the defendant could not provide the documents himself as he had been transported to the hospital and that safety concerns prevented an earlier search.