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Name: Price v. Superior Court (Riverside) (2023) 93 Cal.App.5th 13
Case #: E078954
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/03/2023

Geofence warrant satisfied the probable cause and particularity requirements of the Fourth Amendment and was not overbroad. Victim J.R. was shot and killed in the front porch area of his home. Defendant was identified as a suspect in the shooting based on cellular location data and identifying information returned pursuant to a geofence warrant to Google. Defendant’s motion to quash, traverse, and suppress evidence obtained pursuant to the geofence warrant was denied. He was held to answer for murder and other charges. After his renewed suppression motion was denied, defendant petitioned for writ relief. Held: Petition denied. Defendant argued there…

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Name: People v. Kidd
Case #: E070996
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/16/2019

Defendant was detained without reasonable suspicion where an officer pulled in behind the defendant's car, which was stopped on the side of a residential street with its fog lights on, and pointed spotlights at the car. In the wee hours of the morning, an officer saw a car parked on a residential street with its amber fog lights on. Wanting to see what the two people inside the car were doing, the officer pulled in behind them, pointed his spotlights at their car, and exited his vehicle. As he approached the car, the officer smelled marijuana. After…

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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. Fish
Case #: B290108
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/27/2018

Where a valid search warrant authorizes a blood draw from a defendant arrested for DUI, and the circumstances of the blood draw are typical and routine, the defendant bears the burden of showing the blood was not drawn in a "reasonable manner." Fish was arrested for driving under the influence (DUI). His blood was drawn at a hospital pursuant to a valid search warrant. The trial court granted Fish's motion to suppress the results of the blood test because the prosecution failed to prove the blood was drawn in a reasonable manner. The prosecution appealed to the appellate…

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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: U.S. v. Johnson
Case #: 15-30222
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/14/2018

District court erred in denying defendant's motion to suppress where police officers' subjective purpose in conducting warrantless administrative search was to find evidence of a crime. Portland police arrested Johnson on an outstanding warrant and conducted an inventory search of his car prior to having it towed. Contraband was located in the car. Johnson was convicted of drug trafficking and appealed. Held: Reversed. As an exception to the Fourth Amendment warrant requirement, police may impound and search a car in conformance with standardized procedures of the police department and for community caretaking purposes. The purpose of the search must be…

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Name: Davis v. Appellate Division of the Superior Court
Case #: B286525
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/15/2018

Where a motion to suppress evidence challenges multiple warrantless searches, the defendant must identify the government conduct being questioned, even though he is not required to state the basis for the challenge. Davis was charged with driving under the influence of alcohol (Veh. Code, § 23152, subds. (a) & (b)) and having an open container of alcohol in his car (Veh. Code, § 23226). The charges were based on evidence discovered during multiple searches that police conducted when they stopped Davis' vehicle. In a motion to suppress, he sought to exclude test results, any statements that he made, and any…

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Name: People v. Guzman
Case #: B265937
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 04/27/2017

The "Right to Truth-in-Evidence" provision of the California Constitution (art. I, § 28, subd. (f)) abrogated the eavesdropping statute's exclusionary rule (Pen. Code, § 632, subd. (d)) in criminal proceedings where it is invoked to suppress evidence. Guzman was convicted of two counts of lewd conduct on a child under 14 years old (Pen. Code, § 288, subd. (a)). On appeal he argued the trial court erroneously admitted a recorded telephone conversation between a defense witness and the mother of one of the complainants based on the exclusionary provision of the eavesdropping statute (Pen. Code, § 632, subd. (d)). Held:…

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Name: People v. Camel
Case #: C075573
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/21/2017

The totality-of-the-evidence probable cause test (Illinois v. Gates) applies to motions to suppress evidence obtained by wiretap. Camel was convicted of two counts of first degree murder and other crimes. On appeal he argued the trial court erred in applying the totality-of-the-evidence test (Illinois v. Gates (1983) 462 U.S. 213) to find probable cause for the wiretap, rather than requiring a particularized corroboration of informant tips (the "Aguilar-Spinelli" test; Aguilar v. Texas (1964) 378 U.S. 108; Spinelli v. U.S. (1969) 393 U.S. 410). Held: Affirmed. A wiretap may be authorized where there is probable cause to believe the target was…

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Name: People v. Rodriguez
Case #: S223129
Court: CA Supreme Court
District CalSup
Opinion Date: 08/22/2016

Finding a trial judge unavailable to hear relitigated suppression motion requires a greater showing than "mere inconvenience." The prosecutor dismissed possession of child pornography charges against Rodriguez after Judge Chiarello granted a suppression motion. After the prosecutor refiled the charges, Rodriguez moved pursuant to Penal Code section 1538.5, subdivision (p) to set his new suppression motion before Judge Chiarello. The presiding judge denied the motion, finding Judge Chiarello unavailable because he had been transferred to a different department and was in Palo Alto for a sentencing calendar. A new judge was assigned the matter, and the suppression motion was ultimately…

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