Search and Seizure

(1) Is the discovery of a parole or probation search condition an intervening circumstance that removes the taint of an illegal detention under the attenuation doctrine? (2) What constitutes purposeful and flagrant police misconduct under the attenuation doctrine analysis? Held: As a general rule, evidence seized as a result of an unlawful search or seizure is inadmissible against the defendant…

Was defendant unlawfully detained when the arresting officer used his spotlight to illuminate defendant's parked car and then directed a passenger who exited the car to remain outside and stay on the sidewalk near the car? Held: A sheriff's deputy patrolling after dark saw three people sitting in a legally parked car in a residential neighborhood, smoking something. He pulled…

Did the trial court err in granting the People's motion under Penal Code section 1050 to continue the hearing on a motion to suppress evidence, when it was reasonably foreseeable that denying the continuance would result in a dismissal of the case but the People otherwise failed to show good cause for a continuance? Held: "This case involves a motion…

Briefing in People v. Flores (2021) 60 Cal.App.5th 978, review granted 4/21/2021, was initially deferred pending decision in People v. Tacardon (2022) 14 Cal.5th 235. On 7/26/2023, the court ordered briefing on the following issue: Was defendant’s detention supported by reasonable suspicion that he was engaged in criminal activity? Held: Police officers detained defendant, Marlon Flores, on a dark evening…