P. v. Cors
On April 7, 2005, defendant received a ticket because her trucks registration had expired. On April 30, 2005, another officer stopped her for the same violation and detained her. Defendant refused the officer permission to search the truck. The officer impounded the truck and conducted an inventory search, which disclosed methamphetamine.
Defendant was charged with possession of methamphetamine for sale (Health & Saf. Code, 11378), transportation of methamphetamine with a not-for-personal-use allegation (Health & Saf. Code, 11379, subd. (a); Pen. Code, 1210, subd. (a)), and possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)).
Defendant moved to suppress evidence. (Pen. Code, 1538.5.) The trial court denied the motion. Defendant pled no contest to transportation of methamphetamine and was sentenced to four years of probation with jail time.
Defendant mainly contends that the search of her truck was unlawful because (1) the ticket she received on April 7, 2005, was a fix-it ticket within the meaning of Vehicle Code section 40610 (section 40610); (2) this ticket authorized her to continue driving her truck with its expired registration until June 6, 2005; (3) therefore, once she had produced the ticket, her continued detention lacked legal basis and she was entitled to refuse permission to search the truck. As will appear, we need not decide whether fix-it tickets issued under section 40610 have this legal effect, because defendant did not receive such a ticket; rather, she received a notice to appear in court on June 6, 2005, following her arrest on April 7, 2005, for the expired registration. (Veh. Code, 40522 (section 40522).) Finding defendants challenge to the search to lack merit, Court affirm.
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