People v. Galindo

In People v. Galindo (1991) 229 Cal. App. 3d 1529, defendant was legally detained for the purpose of issuing a speeding citation. After the officer gave defendant the citation and defendant began to walk away towards his car, the officer asked defendant if there were any guns or drugs in the car. Defendant said no and consented to the officer's subsequent request to search his car. Both the driver and passenger signed a consent form prior to the search. The search revealed drugs in the car. The court found that defendant's detention terminated when the officer issued defendant a traffic citation and that the interaction between defendant and the officer, in which defendant's consent was obtained, was not a seizure requiring justification by additional individualized suspicion of criminal activity. ( Galindo, supra, 229 Cal. App. 3d at pp. 1534-1535.)