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Name: People v. Jackson (2024) 100 Cal.App.5th 730
Case #: B328954
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/15/2024

Police officers detained defendant without justification when they boxed in his vehicle, approached him from both sides, and aimed two flashlights on him. Jackson pled guilty to a felon-in-possession charge after his motion to suppress was denied. At the suppression hearing, two officers testified that they pulled their vehicle alongside Jackson’s and then shined flashlights on Jackson as they approached the vehicle from both sides. The officers explained that they suspected criminal activity was afoot because Jackson was in an expensive vehicle, was wearing a coat on a warm evening, was sitting awkwardly in the driver’s seat, and was uncomfortable…

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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: People v. Paul (2024) 99 Cal.App.5th 832
Case #: B320488
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 02/14/2024

Evidence discovered during a parole search should have been suppressed where officers discovered defendant’s active parole status after unlawfully detaining him. Officers approached defendant while he was sitting inside a parked car. During his conversation with the officers, defendant told them he was on parole, which led to a parole search of the car where the officers found a gun. After denial of a motion to suppress evidence of the gun, defendant pleaded no contest to possession of a firearm with a prior violent conviction. Defendant appealed. Held: Reversed. Considering the totality of the circumstances, the Court of Appeal concluded…

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Name: People v. Esparza (2023) 95 Cal.App.5th 1084
Case #: D080703
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/28/2023
Subsequent History: Ordered published 9/26/2023

The totality of the circumstances of defendant’s traffic stop, including finding a loaded ghost gun on a fellow gang member in the car, demonstrate that a patdown search of defendant for weapons was reasonable. Defendant was pulled over for a Vehicle Code violation, and a detective from the Street Gang Unit recognized defendant and two of his passengers as members of a local gang. The detective stated that one of the passengers was “always strapped” and told the officers to search that passenger for weapons. A patdown of the passenger yielded a loaded ghost gun. Officers then searched defendant and…

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Name: People v. Lopez
Case #: S238627
Court: CA Supreme Court
District CalSup
Opinion Date: 11/25/2019

In re Arturo D. (2002) 27 Cal.4th 60 is overruled to the extent that it created a categorical exception to the Fourth Amendment warrant requirement for searches to obtain a driver's identification following a traffic stop. Acting on an anonymous tip about a motorist's erratic driving, a police officer approached Lopez after she parked and exited her car. When the officer asked if she had a driver's license, she said she did not. Police then detained her for unlicensed driving and, without asking her name, searched a purse inside the car for her personal identification and found drugs.…

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Name: People v. Flores
Case #: G055861
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/12/2019

An "unprovoked headlong flight" in a high crime area, without more, does not provide reasonable suspicion to perform an investigative detention. A team of police officers was investigating a residential alleyway where gang activity had been reported. Flores was seen "running from the alley," recognized from prior contacts, and detained because he was "the closest one [police] could get." He was not arrested or handcuffed. An officer testified Flores was not the suspect of a crime and not in the process of committing a crime. An officer asked Flores about a bulge in his sock. He replied it was meth…

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Name: People v. Thomas
Case #: C083845
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/03/2018

Officers did not have reasonable suspicion to detain and patsearch defendant when they found him in a busy area more than two hours after receiving a report that a person matching his general description was harassing customers at a business. In the middle of the day, a person contacted law enforcement officers to report that an adult Black male wearing a sweatshirt and dark pants was "harassing" customers at a business in a high-crime area that has a fair amount of foot traffic and a high number of transients and homeless people. However, no criminal conduct was described. The reporting…

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Name: People v. Gutierrez
Case #: F074601
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/29/2018

Denial of motion to suppress evidence reversed where police unduly detained defendant during a probation compliance search of a third party. In 2015, Kern County sheriff's deputies went to a third party probationer's home for a routine probation compliance search. Defendant, who did not live in the house, was ordered outside and detained. Officers conducted a pat down search of defendant and directed him to sit on the front porch. The officers obtained identifying information from defendant and used it to get data from dispatch that he was on post-release community supervision (which was not true). A second search of…

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Name: In re. K.J.
Case #: A147478
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 01/03/2018

Minor's detention on high school campus by police officer working as campus resource officer and backup officer called to assist was lawful under the Fourth Amendment detention standard that applies to "school officials." Acting on an anonymous tip that the minor was carrying a loaded gun on campus, the principal removed him from class. He was handcuffed and searched by a police officer who was a campus resource officer and a backup officer who had been called. The officers found a firearm and a magazine with several rounds of ammunition. The People filed a delinquency petition alleging…

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Name: Brewer v. Superior Court (Contra Costa County)
Case #: A151584
District 1 DCA
Division: 4
Opinion Date: 11/06/2017

A defendant may challenge evidence found during a vehicle search as the fruit of an unlawful detention, even if he lacked a reasonable expectation of privacy in the vehicle. Police approached a parked car in which defendant was a passenger. After defendant "ducked down" behind the driver's seat, police ordered him out of the car along with the other occupants, including the registered owner. During a search of the car, police found a gun underneath the driver's seat, in front of where defendant had been seated. Defendant was charged with gun possession offenses. He moved…

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