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Name: People v. Clark
Case #: B253036
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/09/2014

Police have no affirmative duty to investigate a suspect's status under the Compassionate Use Act prior to obtaining a search warrant. Acting on a tip from an informant and surveillance evidence, police officers obtained a warrant to search the garage of Clark's residence for evidence of a marijuana grow. Officers seized marijuana plants, cocaine, and a shotgun. Clark filed a motion suppress the evidence, arguing that his cultivation of marijuana was legal under the Act and that there were no facts presented in support of the search warrant that the cultivation was illegal. Following the denial of the motion, Clark…

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Name: U.S. v. Underwood
Case #: 11-50213
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/06/2013

District court's suppression of evidence seized pursuant to warrant upheld because the "bare bones" affidavit in support of the search warrant lacked probable cause. Defendant was charged with federal drug offenses. In district court he moved to suppress the evidence of drug trafficking based on the lack of probable cause in the affidavit in support of the search warrant. The district court granted defendant's motion and the prosecution appealed. Held: Affirmed. A search warrant is supported by probable cause if the affidavit in support of the warrant provides a substantial basis for a judge to conclude there is a fair…

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Name: People v. Jones
Case #: C059440
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/28/2013

Where the court imposes the maximum term provided by the plea bargain, appellant is barred from arguing on appeal that the sentence violated Penal Code section 654. Appellant entered into a plea bargain whereby he pled no contest to all the counts and admitted a prior prison term enhancement and a prior "strike" enhancement in exchange for a "lid" or maximum term in sentencing. In order to reach the "lid," it was understood that the court would strike the prior "strike" conviction and the prior prison term enhancement. Appellant did not assert a Penal Code section 654 reservation…

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Name: United States v. Needham
Case #: 12-50097
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/14/2013

Suppression motion was properly denied where officers reasonably relied on warrant allowing a search for pornography because defendant was suspected of child molestation. Orange County Police obtained a warrant to search Needham's residence for evidence of child molestation. The warrant permitted a search of the home for child pornography because, in the opinion of the requesting officer, individuals who have a sexual interest in children often possess child pornography. While conducting the search, officers found images and videos of child pornography on an iPod at the residence. Needham moved to suppress the evidence based on a lack…

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Name: Bailey v. United States
Case #: 11-770
Court: US Supreme Court
District USSup
Opinion Date: 02/19/2013
Subsequent History: 133 S.Ct. 1031; 185 L.Ed.2d 19

Police may not seize a person incident to the search of his residence when the person is stopped and detained a distance away from the premises to be searched. Police obtained a warrant to search a residence for a gun. Prior to the search, surveillance officers outside the apartment complex observed defendant and another man leave the complex in a car. They followed because both men matched the description of the resident given to them by an informant. Defendant was stopped and detained. They returned to the complex with defendant; by that time, searching officers had located a gun in…

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Name: People v. Acevedo et al.
Case #: B220081
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 10/03/2012

Court may refuse to compel discovery of unredacted portions of documentation supporting wiretap authorization. Appellants were arrested for drug trafficking charges based on the seizures of large amounts of cocaine, methamphetamine, marijuana, firearms, and cash, resulting from investigations involving court-authorized wiretaps. Following the filing of the complaint, counsel were provided with copies of the wiretaps' supporting affidavits and reports, but those documents were heavily redacted to conceal portions of what law enforcement agencies believed to be privileged information. The defendants moved for discovery of the unredacted wiretap documentation. Following an in camera hearing under the authority of…

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Name: People v. Werner
Case #: H037156
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/20/2012

A generalized concern for officer safety without an articulable factual basis does not justify a warrantless search under the protective sweep doctrine. Appellant was arrested and handcuffed outside his home based on a reported domestic violence incident earlier in the day. Appellant asked his roommate to retrieve shoes and keys for him. A deputy accompanied the roommate into the house "for officer safety reasons." While they were in appellant's bedroom, the deputy observed drugs and illegal fireworks in plain view. During subsequent searches based on consent and a search warrant, deputies found more drugs and other items. Appellant pleaded…

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Name: People v. Rangel
Case #: A132664
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 06/14/2012

Where defendant's smartphone contains information that is the "functional equivalent" of items listed in a warrant, a search of defendant's text messages is included within the scope of the warrant. After his motion to suppress evidence was denied, appellant pled guilty to participation in a criminal street gang and other offenses. He appealed the search of text messages contained in his cell phone that yielded inculpatory evidence. Affirmed. Officers did not exceed the scope of the warrant, which authorized a search for telephone lists and gang indicia, when they searched appellant's contacts in his cell phone. The data contained in…

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Name: People v. French
Case #: A130599
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/14/2011

In evaluating the sufficiency of the affidavit for a warrant, no hard and fast test exists; rather, the affidavit must provide the magistrate with a substantial basis for determining the existence of probable cause. Officer Cooper submitted an affidavit for issuance of a search warrant to the magistrate which contained assertions of three individuals, an arrestee, and two others described as confidential reliable informants. The warrant, authorizing a residence search, was issued and a search of the residence produced methamphetamine and evidence of sales. A search of appellant at a separate location, as he was getting into his vehicle,…

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Name: People v. Stipo
Case #: B218512
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/16/2011

An internet subscriber has no expectation of privacy in information he provides to the internet service provider. A computer hacker entered a school district's computer network and was able to access payroll and employee records, including social security numbers, birthdates, etc. A computer expert was able to identify the hacker's IP address and a warrant was obtained requiring Time Warner to identify that subscriber. Complying, Time Warner identified the IP address as being that of appellant's. A subsequent search of appellant's residence revealed incriminating evidence. The trial court's denial of appellant's search motion was upheld by the appellate…

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