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Name: People v. Vasquez
Case #: E085193
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/27/2026

Detaining defendant beyond the “immediate vicinity” of the search location was nonetheless a reasonable detention incident to executing a search warrant when the warrant also listed the car defendant was driving as a place to be searched. Further, defendant’s Hobbs motion to unseal a search warrant affidavit relating to a confidential informant and defendant’s motions to traverse and quash the warrant were each handled in a procedurally proper manner and correctly denied.

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Name: People v. Perez
Case #: H053314
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/19/2026

Impounding a car solely to prevent further illegal driving does not serve a valid community caretaking function. Here, the officer planned to cite defendant for driving on a suspended license and impound defendant’s car under VC 22651(p). However, absent evidence the vehicle could not remain in its lawfully parked location, the impound was constitutionally unreasonable and the items recovered during the subsequent inventory search are suppressed.

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Name: Sellers v. Superior Court
Case #: S287164
Court: CA Supreme Court
Opinion Date: 01/29/2026

The mere presence of marijuana in a car, outside of a sealed container, does not constitute driving with an “open container” of marijuana (HS 11362.3(a)(4)). Instead, a violation requires, “at a minimum,” marijuana in a “usable quantity, in imminently usable condition, and readily accessible to an occupant.” Here, a small amount of “loose, crumbled” marijuana on the vehicle floorboard did not qualify. Further, the totality of the circumstances did not create probable cause to search the car, specifically rejecting the probative value of “apparent nervousness” on the part of the car occupants.

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Name: People v. Valle
Case #: A169080
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 09/18/2024

A traffic stop is not unduly prolonged for Fourth Amendment purposes merely because the officer decided to wait to pull the vehicle over until after backup had arrived. A police officer first observed at a gas station that defendant’s car did not have a front license plate; the officer called for a canine backup, and then pulled over the vehicle three minutes later after defendant drove a quarter of a mile. While the officer was writing the citation for the front plate, the dog alerted to the presence of a firearm in the vehicle. The trial…

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Name: Sellers v. Superior Court (Sacramento) (2024) 104 Cal.App.5th 468, review granted 12/18/24 (S287164)
Case #: C100036
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/22/2024
Subsequent History: Review granted 12/18/24 (S287164)

The appellate court held a useable amount of loose marijuana on the floorboard of a vehicle provides probable cause to search the vehicle because H&SC 11362.3 prohibits possession of an open container of cannabis while driving. Held: The Court of Appeal upholds the trial court’s denial of defendant’s motion to suppress. The court also found that the totality of the circumstances – the driver and defendant seemed nervous, the driver denied there was marijuana in the car, officers saw a rolling tray and a useable amount of loose marijuana scattered on the floorboard – supported probable cause to…

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Name: People v. Ramirez
Case #: G063224
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/20/2024

Trial court erred in suppressing gun observed in vehicle after defendant ordered to exit car during routine traffic stop. Fourth Amendment permits lawfully detained driver to be ordered out of car without additional justification. Officer’s decision to order defendant out three minutes into the traffic stop did not change the constitutional analysis. The court admonished the prosecutor’s description of trial court’s ruling as “fabricated.”

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Name: Mosley v. Superior Court (2024) 101 Cal.App.5th 243
Case #: C099530
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/05/2024

Under the automobile exception to the warrant requirement, a detective’s belief that gang members frequently hide guns in their cars, combined with defendant’s position 20 feet from his car, did not provide probable cause to search the vehicle for contraband. Officers received a call that a group of men in an apartment complex parking lot were creating a music video, and one of them, a thin young man dressed in black, was holding a handgun. Once at the location, officers instructed the group of six men to put their hands in the air. D.M., a juvenile in a black shirt…

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Name: People v. Felix (2024) 100 Cal.App.5th 439
Case #: B317938
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/07/2024
Subsequent History: Opn. modified 3/12/2024

Defendant, who was a foreign national driving a car that belonged to a third party, was lawfully detained while an officer made further inquiries of the dispatcher performing the records check for defendant and the owner of the vehicle. Following a valid traffic stop in Utah, Felix provided an officer with an identification card from Mexico and vehicle registration in the name of a third party from California. He was detained approximately 12 minutes while the officer performed a records check and asked dispatch for additional information. The officer then obtained consent to search the vehicle just prior to dispatch…

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Name: Boitez v. Superior Court (2023) 96 Cal.App.5th 1213
Case #: C098102
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/07/2023

Defendant’s consent to search of car during traffic stop was not voluntary under the Fourth Amendment where it was inextricably linked to the officer’s false promise of leniency not to tow the car. Defendant was pulled over for a traffic violation while driving his mother’s car. As part of obtaining defendant’s consent to search the car, the police officer falsely, but apparently with subjective belief that it was true, stated that he had the authority to tow defendant’s mother’s car, but would not do so if defendant consented to the search. Defendant agreed, twice asking if the car could be released…

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Name: People v. Suggs (2023) 93 Cal.App.5th 1360
Case #: C096555
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/31/2023

Denial of motion to suppress evidence reversed where police unlawfully prolonged vehicle stop after determining there was no Vehicle Code violation. Sacramento police stopped Suggs’ car because it displayed only paper plates and the officer did not see any registration or recent purchase documents in view. As the officer approached the vehicle, he saw a temporary registration attached to the rear window, which was tinted. Even though the officer discovered that he had no basis for writing a citation, he proceeded to ask Suggs and his passenger questions and ran a records check, which revealed their licenses were suspended and…

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