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Name: People v. Ovieda
Case #: S247235
Court: CA Supreme Court
District CalSup
Opinion Date: 08/12/2019

Opinion by Justice Corrigan (unanimous decision).

The community caretaking exception, asserted in the absence of exigency, is not one of the carefully delineated exceptions to the residential warrant requirement. Officers were dispatched to Ovieda's home after his family reported he was inside the house where he had access to guns and was threatening suicide. A family friend, Case, exited Ovieda's house and told police that Ovieda had been disarmed. Two other friends, along with Ovieda, then exited the house. Officers searched and handcuffed Ovieda, then conducted a protective sweep of the residence. Inside, they saw evidence of illegal…

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Name: United States v. Schram
Case #: 17-30055
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/21/2018

A defendant has no legitimate expectation of privacy under the Fourth Amendment in a residence that a no-contact order barred him from entering. Detectives in Medford, Oregon had probable cause to believe Schram was the robber of a local bank. A records check showed there was a no-contact order prohibiting Schram from contacting his girlfriend. Without a warrant, detectives entered the girlfriend's residence, found Schram inside, and arrested him. They then obtained a warrant and searched the girlfriend's home. Schram was indicted for bank robbery and moved to suppress evidence obtained during the search. …

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Name: Collins v. Virginia
Case #: 16-1027
Court: US Supreme Court
District USSup
Opinion Date: 05/29/2018
Subsequent History: 138 S.Ct. 1663

The automobile exception to the Fourth Amendment does not permit police to enter the curtilage of a home without a warrant in order to search a vehicle parked therein. During an investigation of two traffic incidents involving an orange and black motorcycle, police learned the motorcycle was likely stolen and in Collins' possession. They traced the motorcycle to the driveway of a house and saw what appeared to be a motorcycle under a tarp. Without a warrant, an officer walked up the driveway, removed the tarp, and ran a search on the license plate and VIN number,…

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Name: People v. Ovieda
Case #: B277860
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/17/2018

Under the community caretaking exception to the Fourth Amendment, police officers were permitted to enter defendant's home after he was detained outside and lied about attempting to kill himself with a firearm in the residence. Ovieda's sister told a 911 operator that defendant was threatening to kill himself and had attempted suicide before. When the police arrived at Ovieda's home, a friend in the house came outside and stated that Ovieda had threatened to commit suicide and tried to grab several firearms in his bedroom. The friend and his wife had to physically restrain Ovieda to keep him…

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Name: People v. Nguyen
Case #: H042795
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/07/2017

Trial court properly suppressed evidence obtained during search because defendant's residence was outside the scope of the warrant, police did not act in good faith reliance on the warrant, and police had no probable cause to search. Police obtained a search warrant based on probable cause that a computer located at an address in San Jose was being used to share child pornography online. The warrant included the main residence, garages, and outbuildings. While searching the main residence, police discovered that Nguyen was living in a separate residence located behind the house. They searched his residence and found child pornography…

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Name: People v. Pou
Case #: B269349
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/26/2017

Officers' warrantless entry and search of house was reasonably justified by the emergency aid exception to the warrant requirement even though officers mistakenly searched the wrong house based on information provided by a radio dispatch broadcast. Police received a call about a screaming woman across from 2314 Jupiter Drive, but the radio dispatch broadcast apparently stated that the woman was heard at 2314 Jupiter Drive and officers went to that address instead. Upon arrival, they could hear several people arguing inside, and could see two males gesturing as if in an argument. The officers knocked and, after a delay, defendant…

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Name: United States v. Lundin
Case #: 14-10365
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/22/2016

Search did not fall under exigent circumstances exception to the warrant requirement because officers created the exigency by knocking on defendant's door at 4:00 a.m. Police went to Lundin's home at 4:00 a.m. to arrest him for a number of offenses that occurred earlier that day. After the officers knocked on the front door, they heard several crashing noises coming from the back of the house. The officers ordered Lundin to come out with his hands up. He complied, and was handcuffed and put in a patrol car. Thereafter, officers searched the house and found incriminating evidence. Lundin moved to…

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Name: People v. Rodriguez
Case #: H038588
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/06/2014
Subsequent History: Review granted 3/11/2015: S223129

Despite statutory requirement that renewed motion to suppress be assigned to the same judge who previously granted it, a presiding judge has inherent authority to assign the case to a different judge in order to accommodate court scheduling. After denial of his motion to suppress evidence, appellant was convicted of possession of child pornography (Pen. Code, § 311.11, subd. (a)). On appeal he challenged the denial of his suppression motion and the trial court's refusal to assign his re-litigated motion to the judge who had earlier granted it. Held: Affirmed. Appellant's initial motion to suppress was denied by Judge Northway…

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Name: United States v. Moore
Case #: 13-10464
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/23/2014

Search of defendant's residence based on co-occupant's consent was lawful under the Fourth Amendment because defendant, who was present, never expressly refused consent. Moore's fiancée consented to a search of the house that she and Moore shared. Moore was present but did not expressly object. During the search, officers found boxes filled with marijuana and digital scales. Moore was charged with possession with intent to distribute (21 U.S.C. § 841). Moore's motion to suppress the marijuana on Fourth Amendment grounds was denied. The jury convicted him and he appealed. Held: Affirmed. Generally, a search of a residence, without a warrant,…

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Name: United States v. Nora
Case #: 12-50485
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/28/2014

Where police ordered defendant out of his home and arrested him without a warrant in the absence of exigent circumstances, evidence found during search incident to the arrest and defendant's post-arrest statements should have been suppressed. Police officers approached Nora and two men on a sidewalk in Central Los Angeles. Nora moved to the porch of his house. While the officers attempted to engage in casual conversation with the men, Nora pushed past his friend and officers saw a gun in his hand as he turned around. He did follow the officers' command to stop and instead shut himself in…

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