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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: 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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Name: United States v. Gorman
Case #: 15-16600
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/12/2017

Unreasonably prolonged roadside detention violated driver's Fourth Amendment rights, warranting exclusion of evidence seized during second, coordinated stop. Officer Monroe stopped Gorman for a minor traffic violation and detained Gorman for nearly half an hour. Although he suspected Gorman was carrying drug money, he was unable to find a justification for searching the vehicle and let Gorman go without a citation. Monroe then contacted a second officer, Fisher, gave him the details of the first stop, and asked him to stop Gorman further down the highway with a drug-sniffing dog. Fisher did so, the dog alerted, and Fisher located $167,070…

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Name: United States v. Fowlkes
Case #: 11-50273
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/28/2015

Officer's warrantless seizure of plastic baggie protruding from inmate's rectum was unreasonable under the Fourth Amendment. Fowlkes was arrested for drug possession and distribution. During a strip search at the jail conducted by five officers, one of the officers noticed a baggie protruding from Fowlkes' rectum. After Fowlkes tried to push the baggie back into his rectum, the officer used a stun gun to shock him. Four officers handcuffed Fowlkes and held him down while another grabbed the protruding portion of the baggie and pulled it out. The district court denied Fowlkes' motion to suppress the drugs found inside him.…

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Name: United States v. Camou
Case #: 12-50598
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/11/2014

Search of an arrestee's cell phone 80 minutes after his arrest does not fall within the search incident to arrest exception to the warrant requirement. Border patrol agents arrested Camou and his girlfriend after an undocumented immigrant was found in their truck. Eighty minutes later, without a warrant, agents searched Camou's cell phone for evidence of alien smuggling. Agents found images of child pornography. The U.S. Attorney did not pursue alien smuggling charges because Camou's case "did not meet prosecution guidelines." However, a grand jury indicted Camou for possessing child pornography (18 U.S.C. § 2252(a)(4)(B)). Camou moved to suppress the…

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Name: United States v. McClendon
Case #: 12-30015
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/19/2013

Recovered gun may be used as evidence against defendant because he did not submit to officer's commands to stop and was therefore not "seized" prior to discarding the weapon. Defendant was convicted under federal law of being a felon in possession of a weapon. On appeal he challenged the denial of his motion to suppress evidence that formed the basis of his conviction. Held: Affirmed. Police were called by a homeowner regarding the presence an unknown car outside his house. They encountered defendant's girlfriend seated in a car in the homeowner's driveway and appellant walking down the street. After acknowledging…

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Name: United States v. Willis
Case #: 04-10079
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/19/2005

Where officers have probable cause to believe a traffic violation has occurred, they may conduct a traffic stop even if doing so also serves another purpose. A police officer observed the defendant making an illegal u-turn, and also saw him accelerating and executing a turn at an excessive speed. The officer followed the car without stopping it in order to see if the driver violated other traffic laws. A check on the license plate indicated that there was a missing person's report associated with the car. When the driver of the car pulled over and parked,…

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Name: United States v. Pulliam
Case #: 03-50550
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/21/2005

A firearm found during an unlawful search of a car may be admitted against an unlawfully detained passenger. The search at issue in this case involved a lawful traffic stop followed by an unlawful detention and an unlawful automobile search. The court held that the passenger lacked standing as to a gun found under the passenger seat. While the passenger had standing to challenge his own unlawful detention, the search of the car was not a result of that detention and thus the gun is not the fruit of the unlawful…

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Name: United States v. Washington
Case #: 02-10526
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/02/2004

A defendant's written consent to search is not an intervening event sufficient to purge the taint of an officer's prior illegal conduct. Acting on a tip of suspected drug activity at a hotel, officers confronted the defendant in his room at the hotel and questioned him about whether he was running a drug lab in the hotel room. Officers entered the room without the defendant's consent, although he later signed a consent form authorizing a search. After finding that the defendant was not free to leave when he signed the form and that the officers had repeatedly…

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Name: United States v. Guidino
Case #: 03-30023
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/22/2004
Subsequent History: 2/22/05: cert. den.

Gudino was convicted of being in the United States after having been deported. Officers questioned Gudino and asked for identification based solely on the fact that he was Hispanic and spoke poor English, thinking he might be an illegal alien. On appeal, he argued that the evidence of his identity should have been suppressed because it was the result of an unconstitutional stop. Gudino conceded that ordinarily when an illegal arrest leads only to disclosure of identity, the identity cannot be suppressed, but argued that since this stop was founded solely on Gudino’s Hispanic appearance, it was…

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