People v. Vodak

People v. Vodak (1980) 105 Cal.App.3d 1014, validated a search of a trunk of an automobile for weapons taken in a burglary, relying on the fact that shotgun shells were found in plain view in the passenger compartment along with an expended shell which smelled like it had been recently fired. In Vodak there was a report of possible gunfire earlier from a similar car. The appellate court stressed the fact that few officers were present (two were present during the stop and arrest and handcuffing of the occupants; two additional arrived either before or after the search, and still two more arrived after the search). The court held that when "the items believed to be present were loaded weapons . . . " the officers could justify an immediate search of an automobile trunk. The police there had a report that the vehicle had been driven by persons involved in a burglary of shotguns and handguns; and, several fresh-smelling shotgun shells were observed in the automobile. The Vodak court held that, under the above circumstances, the belief that loaded weapons were in the trunk was reasonable and the objects were then and there inherently dangerous.