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Name: People v. Davis
Case #: C031599
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/26/2000
Subsequent History: Petn. rev. den. 2/14/01; Cert. den. 6/29/01
Summary

The trial court did not err in denying appellant’s motion to suppress two rings found in his jail property by investigators two months after his arrest. The investigators were specifically looking for the rings that had been placed in “property.” The defense contended that this was a violation of his reasonable expectation of privacy. The court held that because this was a seizure of what was already known to exist, there was no Fourth Amendment violation. The appellate court distinguished People v. Smith (1980) 103 Cal.App.3d 840, because in Smith, the police searched a purse, which was more intrusive, and they found items not previously discovered in the original booking search.