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Name: People v. Banks (2023) 97 Cal.App.5th 376
Case #: B312618
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/20/2023

Suppression motion properly denied where evidence found during search of defendant’s car would inevitably have been discovered during a lawful inventory search. At 1:40 a.m., police pulled defendant over because his car did not have proper license plates and he was not wearing a seatbelt. There was no registration sticker on the front window of the car, and defendant did not have a license or provide proof of ownership of the vehicle. The front seat passenger (Doe) appeared under 18, twice gave a false name and birthdate, and wore revealing clothes under her coat, leading the officer to believe she might…

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Name: U.S. v. Johnson
Case #: 15-30222
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/14/2018

District court erred in denying defendant's motion to suppress where police officers' subjective purpose in conducting warrantless administrative search was to find evidence of a crime. Portland police arrested Johnson on an outstanding warrant and conducted an inventory search of his car prior to having it towed. Contraband was located in the car. Johnson was convicted of drug trafficking and appealed. Held: Reversed. As an exception to the Fourth Amendment warrant requirement, police may impound and search a car in conformance with standardized procedures of the police department and for community caretaking purposes. The purpose of the search must be…

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Name: People v. Zabala
Case #: H043328
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/11/2018

Police search behind console dashboard of car exceeded the scope of a permissible inventory search. Zabala was stopped by police for a traffic violation and found to be driving on a suspended license. His car was impounded and subjected to an inventory search. Methamphetamine was found in a hidden compartment behind a loose dashboard console. Zabala was charged with drug offenses and four prior drug conviction enhancements (Health & Saf. Code, § 11370.2, subd. (c)). Zabala's motion to suppress the drug evidence was denied and he pleaded no contest to the charges. He appealed. Held: Affirmed. Automobiles that are impounded…

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Name: United States v. Orozco
Case #: 15-10385
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/01/2017

Pretextual stop of truck to search for drugs was unjustified under administrative search doctrine, despite facially valid inspection policy. Nevada highway patrol troopers received a tip that a red and white truck with Michigan plates "may possibly have controlled substances." They located the truck, pulled it over to conduct an administrative inspection, and found drugs in the sleeper compartment during a consent search. Defendant moved to suppress the drug evidence. The district court denied the motion, finding the stop was justified under the administrative search doctrine. Defendant was convicted of federal drug offenses. He appealed. Held: Reversed and remanded. The…

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Name: City of Los Angeles v. Patel
Case #: 13-1175
Court: US Supreme Court
District USSup
Opinion Date: 06/22/2015

City ordinance that requires hotel operators to make guest records available to police for inspection is facially unconstitutional under the Fourth Amendment because it fails to provide hotel operators with an opportunity for precompliance review. Petitioner, the City of Los Angeles, required hotel operators to record and retain certain specific information about their guests for a 90-day period (L.A. Mun. Code, § 41.49). The ordinance mandates that the records "shall be made available to any officer of the Los Angeles Police Department for inspection." (L.A. Mun. Code, § 41.49(3)(a)) A hotel operator's failure to comply with this requirement is a…

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Name: People v. Ebertowski
Case #: H039865
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/13/2014

As a term of probation, defendant may be ordered to provide his passwords to cellphones and social media websites, as well as to submit to warrantless searches. Appellant was granted probation after he pled no contest to criminal threats and resisting an officer, and admitted a gang allegation pursuant to section 186.22, subdivision (b)(1)(B). His probation terms required him to provide all passwords to electronic devices such as phones and computers, and to submit these devices to warrantless searches. He was also required to provide passwords to social media websites and submit those websites to warrantless searches. On appeal,…

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Name: In re J.D.
Case #: A138584
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 04/15/2014

School security officers did not violate the Fourth Amendment when they searched the locker of a student, finding a gun, during their investigation of a shooting by another student. School security officers Johnson and Sanders were told by a student that T.H., who was enrolled in the school, shot another person on a bus the previous day. Police were summoned. Based on information that students often hide contraband in other students' lockers, a locker which T.H. "hung around" was searched but no gun was found. A school security officer searched the locker next to the one initially searched and found…

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Name: People v. Lowe
Case #: D059007
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/04/2013
Subsequent History: Review granted 3/19/2014: S215727

Mandatory taking of DNA samples without a warrant from persons arrested for felonies does not violate the Fourth Amendment. After Lowe's arrest for a felony offense, police took a buccal swab DNA sample from inside his cheek without a warrant. The collection and analysis of the sample was authorized by a 2004 amendment to Penal Code section 296 (Prop. 69), which mandates the taking of DNA samples upon arrest for a felony. The DNA sample connected Lowe to a number of unsolved offenses and a jury convicted him of multiple burglaries, sex crimes and robberies. He was sentenced to 107…

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Name: Maryland v. King
Case #: 12-207
Court: US Supreme Court
District USSup
Opinion Date: 06/03/2013
Subsequent History: 133 S.Ct. 1958; 186 L.Ed.2d 1

State law allowing police to take DNA sample from person arrested for violent crime based on probable cause is constitutional. In 2009, while King was being booked by police on an assault arrest, a cheek swab was taken for typing under the Maryland DNA Collection Act (Act). The DNA linked King to an unsolved 2003 rape, for which he was tried and convicted. He challenged the Act as unconstitutional. The Maryland Court of Appeals reversed, finding the collection of DNA an unreasonable search. Held: Reversed. The Act authorizes Maryland law enforcement authorities to gather DNA samples from persons charged with…

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Name: People v. Boulter
Case #: B230788
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/29/2011

A warrantless search of outdoor lockers for visitors on jail property is justified as an administrative search. Appellant, a jail visitor, secured his property in an outdoor locker provided for visitors. The lockers were on jail property, approximately 41 feet from the entrance to the visitor center where a sign stated no cameras, etc. were permitted and persons entering were subject to search. Appellant was subsequently seen in the visitor center with a camera and arrested and searched with locker keys recovered. The locker was searched and methamphetamine and other contraband were located. The appellate court upheld the search…

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