cooper
california
argued
december
decided
february
petitioner
convicted
narcotics
violation
california
state
partly
evidence
police
seized
warrantless
search
car
week
arrest
pending
forfeiture
proceedings
car
impounded
evidence
pursuant
statutory
provision
seizure
forfeiture
vehicles
used
violation
narcotics
laws
state
appellate
decision
declined
review
held
search
seizure
unconstitutional
preston
held
evidentiary
error
harmless
state
constitution
provision
held
circumstances
case
police
violate
fourth
amendment
making
search
closely
related
reason
petitioner
arrested
car
validly
held
use
evidence
forfeiture
proceeding
preston
supra
distinguished
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cal
app
cal
rptr
affirmed
michael
traynor
appointment
argued
cause
filed
briefs
petitioner
albert
harris
assistant
attorney
general
california
argued
cause
respondent
brief
thomas
lynch
attorney
general
edward
deputy
attorney
general
justice
black
delivered
opinion
petitioner
convicted
california
state
selling
heroin
police
informer
conviction
rested
part
introduction
evidence
small
piece
brown
paper
sack
seized
police
without
warrant
glove
compartment
automobile
police
upon
petitioner
arrest
impounded
holding
garage
search
occurred
week
arrest
petitioner
petitioner
appealed
conviction
california
district
appeal
considering
bound
holding
opinion
preston
held
search
seizure
violated
fourth
amendment
ban
unreasonable
searches
seizures
went
however
determine
harmless
error
art
vi
california
constitution
provides
judgments
set
aside
reversed
unless
opinion
error
resulted
miscarriage
justice
cal
app
cal
rptr
california
declined
hear
case
granted
certiorari
along
chapman
california
ante
consider
whether
california
constitutional
provision
used
way
ignore
alleged
federal
constitutional
error
today
passed
upon
question
chapman
reach
case
satisfied
lower
erroneously
decided
preston
case
required
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held
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within
meaning
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amendment
made
clear
preston
whether
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seizure
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within
meaning
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amendment
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upon
facts
circumstances
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pointed
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searches
cars
constantly
movable
may
make
search
car
without
warrant
reasonable
one
although
result
might
opposite
search
home
store
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piece
property
preston
search
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justified
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ground
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preston
car
held
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cause
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stolen
police
arrested
preston
vagrancy
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authority
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charge
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therefore
treated
though
car
agent
possession
safe
intrusions
police
anyone
else
situation
involving
petitioner
car
quite
different
california
attorney
general
concedes
search
incident
arrest
argued
however
search
reasonable
grounds
section
california
health
safety
code
provides
officer
making
arrest
narcotics
violation
shall
seize
deliver
state
division
narcotic
enforcement
vehicle
used
store
conceal
transport
sell
facilitate
possession
narcotics
vehicle
held
evidence
forfeiture
declared
release
ordered
emphasis
supplied
petitioner
vehicle
evidence
showed
used
carry
narcotics
possession
transportation
impounded
officers
duty
required
kept
evidence
forfeiture
proceedings
carried
conclusion
lower
concluded
matter
state
law
state
forfeiture
statute
clear
express
language
authorize
officers
search
petitioner
car
cal
app
cal
question
whether
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authorized
state
law
question
rather
whether
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reasonable
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amendment
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authorized
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law
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amendment
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expressly
authorized
state
law
justified
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true
lower
said
lawful
custody
automobile
dispense
constitutional
requirements
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thereafter
made
reason
nature
custody
may
constitutionally
justify
search
preston
arrested
vagrancy
arresting
officer
took
car
station
rather
leaving
street
suggested
done
preston
convenience
police
right
impound
car
keep
preston
whomever
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send
fact
police
custody
preston
car
totally
unrelated
vagrancy
charge
arrested
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car
case
preston
controlled
officers
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petitioner
car
required
state
law
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crime
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petitioner
seized
impound
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forfeiture
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subsequent
search
car
whether
state
legal
title
closely
related
reason
petitioner
arrested
reason
car
impounded
reason
retained
forfeiture
petitioner
car
take
place
four
months
lawfully
seized
unreasonable
hold
police
retain
car
custody
length
time
right
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protection
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answer
say
police
obtained
search
warrant
relevant
test
whether
reasonable
procure
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rabinowitz
circumstances
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hold
unreasonable
fourth
amendment
examination
search
car
validly
held
officers
use
evidence
forfeiture
proceeding
holding
course
affect
state
power
impose
higher
standards
searches
seizures
required
federal
constitution
chooses
state
standards
alone
violated
state
free
without
review
us
apply
state
rule
errors
state
law
federal
constitutional
error
need
us
determine
whether
lower
properly
applied
state
rule
affirmed
cal
health
safety
code
provides
interest
registered
owner
vehicle
used
unlawfully
transport
facilitate
unlawful
transportation
narcotic
narcotic
unlawfully
kept
deposited
concealed
used
facilitate
unlawful
keeping
depositing
concealment
narcotic
narcotic
unlawfully
possessed
occupant
thereof
used
facilitate
unlawful
possession
narcotic
occupant
thereof
shall
forfeited
state
petitioner
also
presents
contention
unconstitutionally
deprived
right
confront
witness
state
produce
informant
testify
contention
consider
absolutely
devoid
merit
justice
douglas
chief
justice
justice
brennan
justice
fortas
concur
dissenting
petitioner
arrested
auto
seized
officers
pursuant
california
health
safety
code
section
authorizes
state
officer
making
arrest
violation
narcotics
laws
seize
vehicle
used
unlawfully
transport
narcotic
facilitate
unlawful
transportation
narcotic
narcotic
unlawfully
kept
directs
officer
deliver
vehicle
division
narcotic
enforcement
held
evidence
forfeiture
declared
release
ordered
week
petitioner
arrest
state
agent
searched
car
stored
towing
service
discovered
piece
brown
paper
appeared
torn
grocery
bag
piece
paper
introduced
trial
along
two
bundles
heroin
petitioner
allegedly
sold
informer
brown
paper
heroin
wrapped
petitioner
indicted
convicted
selling
heroin
judgment
forfeiture
petitioner
car
entered
day
termination
trial
california
district
appeal
held
piece
paper
bag
product
illegal
search
cal
app
cal
rptr
first
state
held
state
rely
subsequent
forfeiture
justify
search
realistically
noted
state
title
relate
back
time
seizure
judicial
declaration
forfeiture
since
forfeiture
judgment
entered
petitioner
trial
state
rely
justify
search
cal
second
held
although
automobile
lawful
custody
officers
time
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health
safety
code
authorize
officers
search
car
cal
since
search
pursuant
warrant
since
incidental
petitioner
arrest
illegal
hence
fact
car
held
evidence
matter
state
law
give
officers
dominion
officers
preston
car
custody
preston
petitioner
others
arrested
vagrancy
failed
give
acceptable
explanation
presence
parked
car
late
night
taken
police
station
car
taken
first
station
garage
men
booked
police
officers
went
garage
searched
car
without
warrant
found
evidence
incriminating
petitioner
others
conspiracy
rob
federally
insured
bank
instant
case
petitioner
arrested
car
taken
garage
searched
week
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likewise
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warrant
preston
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incidental
lawful
arrest
case
distinguished
preston
ground
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car
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police
custody
preston
fact
car
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police
custody
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search
without
warrant
since
california
held
health
safety
code
authorize
search
car
impounded
provisions
case
fours
preston
far
police
custody
concerned
custody
car
relevant
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reasonableness
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said
preston
ince
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arrest
police
station
car
police
custody
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danger
car
moved
locality
jurisdiction
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claim
search
illegal
car
forfeited
state
foreclosed
state
holding
circumstances
forfeiture
relate
back
date
seizure
state
interpretation
statute
upset
guaranty
trust
blodgett
repeat
case
fours
preston
search
car
validly
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officers
use
expression
preston
course
federal
case
state
case
fourth
amendment
sanctions
applies
well
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government
mapp
ohio
see
two
ways
explain
opinion
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overrules
preston
sub
silentio
like
preston
think
however
healthy
rule
protecting
zone
privacy
individual
prescribed
fourth
amendment
days
police
often
take
possession
cars
towing
away
improperly
parked
cars
validly
held
police
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searched
without
warrant
precincts
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invaded
barriers
privacy
breached
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incident
arrest
insist
police
obtain
warrant
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man
car
must
search
home
present
decision
overrule
preston
perhaps
rationalized
one
ground
view
bill
rights
applied
reason
fourteenth
amendment
version
used
view
due
process
qualifies
provisions
bill
rights
today
decision
perhaps
explicable
terms
also
reject
unreasonable
searches
seizures
used
fourth
amendment
used
reference
fifth
freedom
speech
used
first
like
mean
state
federal
case
four
months
arrest
another
agent
searched
car
found
marijuana
seed
introduced
trial
objection
evidence
since
jury
trial
judge
indicated
marijuana
seed
irrelevant
charge
petitioner
tried
view
expressly
approved
malloy
hogan