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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: People v. Stanley
Case #: H043445
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/12/2017

Trial court's granting of motion to suppress reversed where detention of bus passenger was justified by citizen informant's tip that defendant matched the picture on a "Be on the Lookout" flier issued the same day. Police Officer Tanaka responded to a dispatch reporting that a bus driver had spotted a suspect in a child molestation case on a San Jose bus. The bus driver said that a passenger on his bus matched the picture in a police "Be on the Lookout" flier issued that day regarding a child sexual assault that had occurred two days earlier. Based on this information,…

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Name: United States v. Williams
Case #: 15-10008
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/20/2016

District court erred by suppressing evidence where police had (1) reasonable suspicion to stop defendant based on a reliable tip and the surrounding circumstances, (2) probable cause to arrest defendant for obstructing their attempt to obtain his identity, and (3) probable cause to believe that further evidence of drug dealing would be found in his vehicle. Jones called police and informed them that Williams, a known drug dealer, was asleep in a black Ford outside an apartment complex he did not live at in a high-crime area. Police arrived, blocked the Ford, and illuminated their "take down" lights. Williams tried…

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Name: United States v. Magallon-Lopez
Case #: 14-30249
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/31/2016

The fact officer lied to motorist about the reason for a stop is irrelevant to assessing the reasonableness of the stop under the Fourth Amendment. An officer stopped Magallon-Lopez's car because it fit the description of a car DEA agents suspected of transporting drugs based on information obtained via a wiretap. The officer who stopped Magallon-Lopez lied and said he pulled him over for failing to signal before changing lanes. Thereafter, a drug detection dog arrived and alerted to the presence of drugs. Officers seized the car, obtained a warrant, and found pounds of methamphetamine inside. After his conviction for…

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Name: U.S. v. King
Case #: 11-10182
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/27/2013

Suspicionless search conducted pursuant to search condition of violent felon's probation does not violate Fourth Amendment. As part of a homicide case, police investigated King. They learned he was on felony probation for spousal battery in San Francisco and subject to warrantless searches. Police searched King's house and found a shotgun under his bed. King's motion to suppress evidence was denied and he was convicted of being a felon in possession of a gun under federal law. He appealed the denial of his suppression motion. Held: Affirmed. As a probationer, King has a "lower expectation of privacy than is enjoyed…

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Name: People v. Heslington
Case #: G043371
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/20/2011

Compliance with People v. Hobbs (1994) 7 Cal.4th 948, 971-972, requires the trial court to determine whether the affidavit in support of a search warrant has been properly sealed and whether disclosures must be made of confidential material, but once that is accomplished and some disclosure has been made, it is up to the defense to amend or renew the suppression motion in light of the further disclosures. In this case, after a redacted affidavit had been disclosed by the prosecution, the court found a reasonable probability the defendant would prevail on the motion to suppress. Based on that finding,…

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Name: United States v. Palos-Marquez
Case #: 08-50498
Court: US Court of Appeals
District 9 Cir
Opinion Date: 01/19/2010

An in-person tip by an informant provided reasonable suspicion for an investigatory stop of a vehicle. Affirming a criminal judgment for transporting illegal aliens, the appellate court held that an in-person tip by an unidentified informant can have significant indicia of reliability, and reaffirmed the holding in United States v. Sierra-Hernandez (9th Cir. 1978) 581 F.2d 760, that information from a citizen who confronts an officer in person to advise that a designated individual is committing a specific crime displays significant indicia of reliability. Because an unidentified UPS driver's in-person tip had such indicia of reliability, and in…

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Name: Redding v. Safford Unified School District, et al.
Case #: 05-15759
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/11/2008

The Fourth Amendment’s protection against unreasonable searches and seizures extends to searches of students in the public school setting. A search of a student by a public school official is reasonable only if it is justified at its inception and reasonably related in scope to the circumstances justifying the search. (New Jersey v. T.L.O. (1985) 469 U.S. 325.) Whether the search is justified at its inception turns on whether there are reasonable grounds to suspect that it will turn up evidence of a law violation. Further, students who provide information implicating other students in prohibited activity are tantamount to "informants,"…

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Name: People v. Lindsey
Case #: A113628
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/27/2007

An anonymous 9-1-1 call reporting shots fired will be sufficient to support a subsequent detention and search where: (1) the reported conduct involves a grave and immediate risk to those nearby; (2) there is no indication the call is a hoax; (3) the caller provided a first-hand, contemporaneous descripton of the crimes and the perpetrator and his location; and there is a plausible reason the caller wished to remain anonymous. (People v. Dolly (2007) 40 Cal.4th 458.) Here, dispatch received a 9-1-1 call from a woman who stated she saw a Black man with small ponytails and then…

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Name: United States v. Decoud
Case #: 04-50478
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/02/2006

The appellate court affirmed three defendants’ convictions, holding that the district court did not abuse its discretion in finding a necessity for a wiretap. The panel rejected defendant Decoud’s protestations against the search of a briefcase because he gave up any expectation of privacy by unequivocally disclaiming ownership. The court held that Decoud waived his challenge to the district court’s denial of his motion to sever his trial from that of defendants Trice and Israel; and that the severance argument, even if not waived, is not meritorious because there is no indication that the jury was unable to…

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