People v. Garcia

In this interlocutory appeal, we review the trial court's conclusion of law that detention of the defendant in the locked back compartment of a police car for fifteen minutes constituted an illegal arrest and, in the alternative, that failure to deliver a Miranda advisory prior to the obtaining defendant's consent to search his residence vitiated the defendant's consent to search. 1

We hold that (1) defendant's fifteen-minute detention in the police car occurred for officer safety purposes in the course of an investigatory stop, as officers investigated four individuals about a nighttime…