It could be an E91 M3 doing testing but it's not hot weather testing. It's only in the 80's. If they want hot they'll have to return to Palm Desert in July when it's regularly 110. It also doesn't look like a typical BMW test mule. It would likely have New Jersey or California plates, not Euro plates. The roundel also looks like it had the blue part blacked out which is definitely not something BMW would do. EDIT: Aftermarket wheels are also a giveaway as BMW would use OEM wheels.

My guess is that it is a regular E91 with Blackline tail lights, tints, and a quad exhaust which is available for E90's. This is a quad exhaust on an E90 325i.

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