P. v. Klein

Filed 6/14/06 P. v. Klein CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Tuolumne County. Douglas C. Boyack, Judge.

Zenia K. Gilg, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Michael A. Canzoneri and Charles A. French, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

The trial court sentenced Jacob Klein to a nine-year aggregate prison term after he pled guilty to transporting methamphetamine (count I; Health & Saf. Code, § 11379, subd. (a)), possessing methamphetamine for sale (count II; Health & Saf. Code, § 11378), and misdemeanor unlicensed driving (count III; Veh. Code,^[1] § 12500, subd. (a)) with multiple prior conviction and special enhancements under the first two counts (Health & Saf. Code, § 11370.2, subd. (c); Pen. Code, §§ 667.5, subd. (b), 1203, subd. (e)(4)). On appeal, Klein contends the trial court erred by denying his motion to suppress evidence because the police lacked legal authority to impound his vehicle where his license had expired only 19 days earlier and also failed to follow standard policy in conducting an inventory search. (Pen. Code, § 1538.5.) We conclude the search of Klein's vehicle was unreasonable under the Fourth Amendment to the United States Constitution and reverse the denial of the motion to suppress.

BACKGROUND^[2]

On the night of June 24, 2004, Sonora Police Officer Christopher Weber was on patrol when he recognized Klein driving a Chevy Tahoe truck in the opposite direction with â€