Law-Guy: Daily Case Summaries

People v. Branner (2009) , Cal.App.4th  Third Dist. Apr. 20, 2009
Cops doing surveillance for suspected drug activity.  They eventually stop defendant’s car for lame traffic issues - no rear license light and lights out of alignment - the stop goes on for 5 - 10 minutes while cop does records check.  It turns out that [...]

People v. Smith (2009) , Cal.App.4th, First Dist., Apr. 9, 2009
Cops see someone opening motel window in Vallejo high crime area-as they approach they see Def sitting in car.  He gets out- they ask if he is on parole etc and ask for permission to search.   He is on parole and says go ahead. They search him [...]

People v. Pearl (2009) , Cal.App.4th,  Fourth Dist., Apr. 8, 2009
Def is released on parole. 4 yrs and 2 days later his home is subjected to warrantless parole search, revealing drugs.  At suppression hearing, CDC package says parole extended to date several months search date.  Judge denies suppression.  Appeal court counts days and says, no exception to [...]

People v. Hua (2008) , Cal.App.4th [No. A116578. First Dist., Div. Five. Jan. 11, 2008.
Cops respond to apt building on noise complaint.  They smell pot burning and, looking in window, see someone passing a joint.  They knock - Def answers, denies smoking pot and refuses permission to enter.  Cops enter anyways on claim of exigent [...]

People v. Medina (2007) , Cal.App.4th [No. F051748. Fifth Dist. Dec. 27, 2007
Def on searchable probation gets probation search turning up crank and ammunition.  Def moves to suppress, citing federal U.S. v. Knights (2001) 534 U.S. 112 - trial court suppresses and dismisses.  People appeal and suppression/dismissal order is vacated.  California law permits suspicionless probation [...]

People v. Dean (2007) , Cal.App.4th [No. A115164. First Dist., Div. Two. Dec. 21, 2007
Def driving van with expired registration and temporary permit in back window.  Cop pulls van over and eventually finds drugs.  Cop says he is aware of expired registration tags but does not recall if he saw temporary registration.  Court reverses based [...]

People v. Colbert (2007) , Cal.App.4th [No. H031479. Sixth Dist. Dec. 11, 2007
Def has tree shaped air freshener hanging from rear mirror.  Cop pulls him over, believing air freshener obstructs vision.  Cop learns Def on active parole and does ‘parole’ search of vehicle.  He finds methadone and ‘lost’ credit card.  Def loses search motion and [...]

People v. Garry (2007) , Cal.App.4th [No. A114235. First Dist., Div. Two. Nov. 13, 2007
 Def standing on high crime Vallejo street corner.  Cop observes for less than a minute, then in patrol car 35 ft from Def, shines spotlight on Def (for officer safety) and approaches the 35 ft in 2-3 seconds.  While approaching Def is [...]

People v. Thomas (2007) , Cal.App.4th [No. B169300. Second Dist., Div. Four. Nov. 1, 2007
Def is getaway driver for boyfriend purse snatcher.  In one count boyfriend uses knife to cut strap and has tug of war with purse owner.  Court has lengthy discussion about how purse snatch is always grand theft person, but here, with [...]