California Court of Appeal

In case where two tribal police officers who suspected possible narcotics activity in the parking garage of an Indian casino searched a car without probable cause and found drugs and drug paraphernalia, order suppressing evidence and dismissing case against defendant is affirmed over claims by prosecution that: 1) tribal police officers are not bound by the Fourth Amendment and therefore the exclusionary rule does not apply; and 2) the -Right to Truth-in-Evidence- provision of the California Constitution required the trial court to admit the evidence at trial in the absence of a federal constitutional basis for suppression.

Appellate Information

• Decided 03/28/2007
• Published 03/28/2007

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, George M. Hendrickson, Deputy Attorney General, for Plaintiff and Appellant.


• For Appellees:
  
• George Bond, Sacramento, and Elizabeth Campbell for Central California Appellate Program as Amicus Curiae on behalf of Defendant and Respondent.