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fifth appellate district california court of appeal

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Court of Appeal, Fifth Appellate District CIVIL APPEAL CASE SCREENING QUESTIONNAIRE TO DETERMINE SUITABILITY FOR MEDIATION This questionnaire will assist the court in selecting cases for mediation
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all rise thank you please be seated good morning once again calling the first matter people versus Tyrell Collins please state your parents's and you've requested 15 minutes did you wish to reserve some portion of that time okay I will watch the clock and you can as well and I'll try to remind you thank you thank you hurry Joseph Colombo deputy attorney general for the people and you've requested 15 minutes as well correct thank you very much we are very familiar with this case have reviewed the briefs in their entirety and would just ask that you keep that in mind during your argument please proceed it please the court the primary issue in this case is whether the search of mr Collins's car was constitutional under the inventory search exception to the warrant requirement the United States Supreme Court has long held that inventory searches are constitutional when the prosecutor proves three things first that the search or that the impound of the car was reasonable second that the inventory search was conducted pursuant to standardized police procedures and third that the officer who conducted the search of the car was not motivated by a desire to investigate criminal activity let's take that first one with respect to the impound being reasonable are you contending that it was not a reasonable impound of the vehicle in that particular neighborhood yes your honor we're more specifically we're contending that there is no evidence regarding why the police officers in this case decided to impound the car now was it a high crime area officer Hernandez actually both officers in this case testified that this was a high crime area officer Nena's specifically she clarified that and testified that the area was known for narcotics sales however she never connected the high crime area with the with the decision to impound the car in other word do you have to make the actual connection or if in fact it at the time of trial or during that particular hearing they note that it's a high crime area and the vehicle was impounded do you have to actually say and that is why we did what we did or can you look at the totality of the evidence Your Honor the officer at the suppression hearing must testify as to her her reason for or his reason for impounding the car and that's the Williams case in the Torres case cited in the briefs there must be some evidence in the in the record regarding why the officer impounded the car and the reason is is generally in Fourth Amendment cases we we look to objective factors and an overall reasonableness however in the inventory search context the courts look to the subjective intent of the of the officers who decided to impound the car I decided to search the car and so with that what the courts say and in the Wallis or excuse me the Williams and Torres case is that there must be some evidence in the record regarding why the officer decided to impound the car and that reason must be must...