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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. Nzolamesco
Case #: B292164
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/17/2019

Defendant's consent to blood test was freely and voluntarily given where he was given the option to choose from three tests, and was not forced to choose between a blood test or criminal penalties. Police arrested defendant for alleged drunk driving after he drove his car into a crowd of people and seriously injured four pedestrians. The arresting officers admonished defendant that he was required to submit to either blood, urine, or breath testing and that refusal to submit to testing would result in civil and criminal penalties. Defendant chose the blood test, which revealed a blood alcohol…

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Name: People v. Chamagua
Case #: B290057
District 2 DCA
Division: 8
Opinion Date: 03/29/2019

Although officers asked defendant incriminating questions, their encounter in an apartment complex was consensual and did not violate the Fourth Amendment. Officers arrested Chamagua after he was found with a large quantity of meth and admitted he was going to sell it. At a suppression hearing, an officer testified that he and his partner approached Chamagua in an apartment complex after Chamagua tried to avoid the officers. When they asked Chamagua if he had anything illegal, he responded, "I have a pipe on me." When they asked if he had anything else illegal, he said, "Yeah, I have a bunch…

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Name: People v. Pride
Case #: D073360
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/10/2019

There was no Fourth Amendment violation where defendant accepted an undercover detective as a "friend" on social media and the detective discovered an incriminating video that defendant shared with his social media "friends." Pride posted an incriminating video on a social media website that is intended for private messages to "friends." In the video, Pride was wearing a gold chain similar to one taken in a recent robbery. An undercover detective obtained the video without a warrant by logging into an account that had been accepted by Pride as a "friend." Police then discovered additional evidence linking Pride to…

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Name: People v. Arebalos-Cabrera
Case #: D074047
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/14/2018

After informing defendant he was free to leave a traffic stop, officer's request for consent to search defendant's vehicle was a consensual encounter that did not implicate the Fourth Amendment. A multiagency narcotics task force alerted CHP officers of suspicious activity and identified Arebalos' tractor-trailer as possibly transporting narcotics. A CHP officer located Arebalos' tractor on the highway and stopped him for traffic violations. During the stop, which was approximately 20 minutes, the officer checked Arebalos' documentation and reviewed his logbook. The officer gave Arebalos his documents back and told him he was free to leave. As Arebalos was walking…

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Name: People v. Balov
Case #: D073018
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/23/2018

Defendant's consent to a blood test after his arrest for driving under the influence was voluntary even though the arresting officer did not inform him of the statutory consequences of refusing a test and that he could object. Balov was arrested for driving under the influence of alcohol (DUI). The officer informed him that, under the implied consent law, he was required to submit to a chemical test, either a breath test or a blood test. But the officer did not inform him of the consequences of refusing a test. Balov consented to a blood test. …

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Name: People v. Vannesse
Case #: B283857
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/16/2018

If a police officer advises a person who is arrested for a DUI offense that his only choice for testing is to submit to a blood test, the test results are admissible in criminal proceedings if the arrestee freely and voluntarily consents to the blood test. Following an accident in which the investigating officer concluded Vannesse was driving under the influence of drugs, or a combination of drugs and alcohol, he was charged with driving under the influence of a drug. (Veh. Code, § 23152, subd. (e).) Vannesse moved to suppress the evidence of a blood test on the ground…

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Name: People v. Mathews
Case #: A146652
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/25/2017

Trial court properly denied motion to suppress on estoppel grounds, where defendant gave police a false name and a record check failed to reveal he was on searchable probation. After robbing a man in the street, Mathews accidentally shot himself in the groin and shin while running away. He was dropped off at the hospital, where he provided a false name. Police arrived at the hospital and ran a record check on the false name. When Mathews later provided his real name, a record check revealed he was on probation with a search condition. At…

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Name: People v. Superior Court (Corbett)
Case #: B276937
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/14/2017

The prosecution failed to establish that evidence found during a warrantless search based on invalid consent would inevitably have been discovered. When police began interrogating Corbett, an alleged stalker, he invoked his right to remain silent. Nevertheless, they continued interrogating him and he ultimately made admissions and gave police consent to search his residence for firearms. Police searched his home and found a number of illegal firearms and ammunition. After obtaining a search warrant, they conducted a second search of the home and found additional firearms. The trial court granted Corbett's motion to suppress the evidence found during the first…

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