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Name: People v. Ferguson
Case #: C036911
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/30/2003
Subsequent History: None

Appellant contended that the trial court erred by denying his motion to suppress the evidence, which had been seized during a traffic stop based on erroneous information that appellant was on probation for a drug offense. In 2001, the appellate court affirmed, but the Supreme Court granted review and retransferred the cause to the appellate court with directions to vacate its decision and reconsider in light of People v. Willis (2002) 28 Cal. 4th 22. In this opinion, the appellate court reversed the judgment, holding that the exclusionary rule applies to deter misconduct by probation staff who were acting as adjuncts of law enforcement. (Note that this case differed significantly from Willis in that the probation officer did not take an active role in the search.)