People v. Zonver

BERNSTEIN, P. J., Dissenting.

I dissent. I would hold that appellant’s conviction must be reversed, inasmuch as the People’s evidence was obtained by means of an unlawful search of appellant’s vehicle. In my opinion, the search was unlawful for want of probable cause. Further, I disagree with the majority’s analysis of the holdings in People v. Kern (1979) 93 Cal.App.3d 779 [155 Cal.Rptr. 877], and People v. Greer (1980) 110 Cal.App.3d 235 [167 Cal.Rptr. 762]. Finally, I am compelled to disavow what I believe to be the unconstitutional construction my colleagues give Penal Code section 12031,…