Turner v. Superior Court CA4/2
In this writ proceeding, petitioner Martell Turner seeks review of the trial court’s denial of his motion to suppress evidence. The evidence was discovered during an inventory search of Turner’s car conducted when law enforcement impounded it after arresting him on suspicion of misdemeanor reckless driving under Vehicle Code section 23103, subdivision (a) (undesignated statutory references are to this code). Section 23109.2, subdivision (a)(1) (section 23109.2(a)(1)) grants law enforcement officers discretion to “cause the removal and seizure of the motor vehicle used in that offense.” The trial court concluded that the law enforcement officer’s reasons for impounding the car were not relevant because the impound was authorized by statute. Turner argues that was error, and we agree. We grant the petition and remand for further proceedings.
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