California Court of Appeal

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People v. Lopez, 078537

The trial court's orders granting defendant's pretrial motion to suppress evidence under Penal Code section 1538.5 and dismissing the case in furtherance of justice under section 1385, are reversed where the methamphetamine was found during a lawful search for identification under In re Arturo D. (2002) 27 Cal.4th 60 and the trial court erroneously ruled the United States Supreme Court's decision in Arizona v. Gant (2009) 556 U.S. 332 compelled suppression of the evidence.

Appellate Information

  • Decided
  • Published 2016/10/27

Judges

  • HOCH

Court

  • California Court of Appeal

Counsel