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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. 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: In re T.F.-G. (2023) 94 Cal.App.5th 893
Case #: H050112
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/24/2023

Warrantless search incident to minor’s arrest was valid because there was probable cause for his arrest for resisting police. The minor was with a group of people who were approached by police and questioned about smoking marijuana in public. He witnessed his companions being restrained and searched. Rather than submit to a search when summoned by police, he ran. Police caught and searched him, finding a loaded gun. His motion to suppress was denied and he admitted allegations in a 602 petition that he carried a loaded firearm in public (Pen. Code, § 25850(a)) and resisted arrest. On appeal, he…

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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. Fews
Case #: A151727
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 09/24/2018

Patsearch of vehicle passenger who police suspected was armed and involved in criminal activity related to drugs (marijuana) was reasonable under the Fourth Amendment. Police officers in San Francisco observed an SUV abruptly pull over in a high-crime area. After finding the registration for the SUV was expired, the officers activated their red lights and siren behind the SUV. The driver (Mims) quickly got out of the SUV and did not comply with orders to get back into the vehicle. Once the officers reached the driver's side of the car, they smelled marijuana and found Mims with a half-burnt…

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Name: People v. Sacrite
Case #: H044419
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/31/2018

Pat search was lawful where officer observed bulge shaped like a cell phone in defendant's pocket and reasonably concluded the bulge might be a weapon. After observing Sacrite with an open beer can riding his bicycle the wrong way into traffic, an officer detained him. Sacrite appeared to be under the influence of alcohol. During the detention, the officer observed bulges in his pocket. The officer could tell there was "something solid" with round edges "similar to a cell phone" in the pocket. Because the officer did not know what the object was, he conducted a pat search…

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Name: U.S. v. Edwards
Case #: 13-50165
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/31/2014

911 caller provided officers reasonable suspicion to stop defendant; the stop did not become an arrest when officers drew guns on defendant and handcuffed him. Police received a 911 call from an unidentified man reporting that a "young black male" was shooting at passing cars, including the caller's. Officers responded to the area and stopped defendant and another man. Defendant was searched and a gun was found. After his motion to suppress was denied, he pled guilty to being a felon in possession of a gun (18 U.S.C. § 922(g)(1)). He appealed. Held: Affirmed. "The totality of the circumstances determines…

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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: United States v. I.E.V.
Case #: 11-10337
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/28/2012

Police conducted an illegal Terry search because they lacked reasonable suspicion the minor was armed and dangerous and were improperly attempting to locate evidence of drug possession. The defendant was a passenger in a car driven by his brother, Mendez. They entered a border checkpoint near Whetstone, Arizona, which is approximately 100 miles from the Mexican border. A police dog alerted to the presence of either drugs or concealed humans in their car. The vehicle was sent to secondary inspection, where defendant and Mendez exited the vehicle. The dog did not alert to either brother. Mendez gave police consent to…

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Name: U.S. v. Smith
Case #: 10-10036
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/03/2011

The flight of a subject from a police officer who, without reasonable suspicion of criminal activity called for him to stop, may provide the officer with the requisite reasonable suspicion to justify further investigation. When appellant crossed the street in front of a patrol car driven by Las Vegas Metropolitan Officer Dominguez, Dominguez activated the siren, pulled to the curb, stopped, exited, and called for appellant to stop and stand in front of the car. Appellant responded, "Who? Me?" or "What for?" He backed away and then turned and ran. Dominguez chased appellant and caught up with him when he…

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