The Sixth Appellate District reversed a trial court order denying a motion to reinstate a complaint and remanded for further proceedings. The court held that a warrantless search of an arrestee’s vehicle and a cell phone discovered in the vehicle following a traffic stop were justified as searches incident to arrest.
In December 2009, a sheriff’s deputy observed a speeding vehicle on California’s Highway 1 during the early morning hours. The deputy stopped the vehicle and concluded from the driver’s behavior that the driver, Reid Nottoli, could be under the influence of a controlled substance.
