California Court of Appeal

Reset A A Font size: Print

People v. Maikhio, D055068

In a prosecution of defendant for misdemeanor fishing offenses, trial court's grant of defendant's motion to suppress evidence is affirmed where: 1) the language of Fish and Game Code section 1006 does not provide for the inspection of vehicles by the Department of Fish and Game (DFG); 2) neither Perez nor any of the other cases are persuasive that it may be fairly implied from section 1006 and 2012 that it is necessary for the DFG to conduct traffic stops and inspections of specific vehicles on public streets to accomplish the express powers granted to it by those statutes; and 3) based on the review of the totality of the circumstances, the DFG warden did not have, at the time of the traffic stop, specific and articulable facts causing him to suspect some activity relating to crime had taken place and defendant was involved in that activity.

Appellate Information

  • Decided 01/05/2010
  • Published 01/05/2010

Judges

  • McDONALD, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jan I. Goldsmith, City Attorney, David P. Greenberg, Assistant City Attorney, and Monica A. Tiana, Deputy City Attorney, for Plaintiff and Appellant., Edmund G. Brown Jr., Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Carol A Squire and Deborah Fletcher, Deputy Attorneys General, for California Department of Fish and Game as Amicus Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Steven J. Carroll, Public Defender, Randy Mize, Chief Deputy Public Defender, Gary R. Nichols and Matthew Braner, Deputy Public Defenders, for Defendant and Respondent.