California Court of Appeal

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People v. Madrid, A118033

Conviction for possession of precursors with intent to manufacture methamphetamine, possession of heroin for sale and transportation of heroin is reversed where: 1) given the known facts, a reasonable police officer would not have perceived a need to stop defendant's vehicle to discharge his community caretaking functions; 2) the officer detained defendant in violation of the Fourth Amendment; and 3) the court erred in denying defendant's motion to suppress evidence seized by the police as a result of the illegal detention.

Appellate Information

  • Decided 11/26/2008
  • Published 11/26/2008

Judges

  • SIMONS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Martin Kassman, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Martin S. Kaye and Ronald E. Niver, Deputy Attorneys General for Plaintiff and Respondent.
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