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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. Cartwright (2024) 99 Cal.App.5th 98
Case #: D080606
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/25/2024

Trial court did not err in denying defendant’s motion to suppress video footage from the City of San Diego’s streetlight camera program and evidence derived from that footage. As part of its “City IQ” streetlight program, the City of San Diego maintains fixed cameras throughout the city that capture only the public right of way. Defendant was arrested in connection with a robbery and murder at a flooring store after video footage from the City’s cameras revealed defendant’s gold GMC Yukon arriving and departing the area on the day of the incident. Defendant’s motion to suppress the camera footage was…

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Name: People v. Alvarez (2023) 98 Cal.App.5th 531
Case #: D080585
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/29/2023

No exigency permitted police officer to conduct a warrantless blood draw where the suspect became unconscious 90 minutes after a collision and where the officer interacted with the suspect for 45 minutes prior to his losing consciousness. Defendant had been involved in fatal vehicle collision, after which he was conscious and transported to the hospital. A police officer questioned him at the hospital for around 45 minutes and unsuccessfully attempted to take a breath alcohol sample. Defendant then lost consciousness, at which point the officer called a phlebotomist to take a blood sample for alcohol testing. Relying on Mitchell v. Wisconsin (2019) 588…

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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. Suggs (2023) 93 Cal.App.5th 1360
Case #: C096555
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/31/2023

Denial of motion to suppress evidence reversed where police unlawfully prolonged vehicle stop after determining there was no Vehicle Code violation. Sacramento police stopped Suggs’ car because it displayed only paper plates and the officer did not see any registration or recent purchase documents in view. As the officer approached the vehicle, he saw a temporary registration attached to the rear window, which was tinted. Even though the officer discovered that he had no basis for writing a citation, he proceeded to ask Suggs and his passenger questions and ran a records check, which revealed their licenses were suspended and…

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Name: People v. Session (2023) 93 Cal.App.5th 723
Case #: G060536
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/19/2023

Investigator who identified defendant as a burglary suspect and knew of his parole status properly placed a warrantless GPS tracking device on his vehicle; the source of his knowledge regarding defendant’s parole status was not legally relevant. Defendant was a suspect in a string of residential burglaries, some of which were captured by home security systems. During a traffic stop, the investigating officer who had already identified both the defendant and the vehicle as suspects in several of the burglaries, arrived at the scene and placed a warrantless GPS tracking device on the vehicle. The officer knew defendant was on…

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Name: People v. Gyorgy (2023) 93 Cal.App.5th 659
Case #: G061567
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/14/2023

Trial court erred in denying motion to suppress evidence found during a vehicle search where the officer unlawfully prolonged a traffic stop to conduct a dog sniff and inquire into matters unrelated to the traffic violation. An officer followed defendant’s truck after being advised that the “vehicle had acted suspiciously” at a motel known for drug trafficking. The officer initiated a traffic stop after observing an unsafe lane change. For the first four or five minutes of the detention, the officer questioned defendant about matters unrelated to the traffic stop. After more than five minutes, he told defendant the basis…

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Name: People v. Tran
Case #: D074605
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/24/2019

Exigent circumstances justified the warrantless seizure of defendant's dashboard camera where officer reasonably believed the camera contained evidence defendant drove recklessly before an accident and the evidence could be destroyed. Tran's vehicle crossed a double yellow line on a sharp curve in the road and collided with a motorcyclist who sustained life-threatening injuries. Evidence at the scene indicated Tran was traveling at a high rate of speed and officers noticed he had removed his dashboard camera. The dashboard camera was seized and a search warrant was obtained for its contents. Tran's motion to suppress evidence from the dashboard camera was…

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Name: People v. Lopez
Case #: S238627
Court: CA Supreme Court
District CalSup
Opinion Date: 11/25/2019

In re Arturo D. (2002) 27 Cal.4th 60 is overruled to the extent that it created a categorical exception to the Fourth Amendment warrant requirement for searches to obtain a driver's identification following a traffic stop. Acting on an anonymous tip about a motorist's erratic driving, a police officer approached Lopez after she parked and exited her car. When the officer asked if she had a driver's license, she said she did not. Police then detained her for unlicensed driving and, without asking her name, searched a purse inside the car for her personal identification and found drugs.…

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Name: People v. Lee
Case #: D073740
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/03/2019

In granting defendant's motion to suppress, trial court properly concluded that defendant's post-Proposition 64 possession of a small amount of marijuana was of little relevance in assessing probable cause. Police pulled defendant Lee over based on Vehicle Code violations. During a pat-down search for identification, Officer Robles found a bag containing a small amount of marijuana and a wad of cash in Lee's pocket. Robles searched the car and found cocaine, a gun, and other items related to selling narcotics. Charged with drug and weapons offenses, defendant filed a motion to suppress evidence. The trial court granted…

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