{"id":9989,"date":"2014-02-01T13:39:05","date_gmt":"2013-12-15T07:39:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-15T07:39:41","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9989","title":{"rendered":"Cal.6th: Stop of car without sufficient cause to believe passenger was in it; suppressed"},"content":{"rendered":"<p>The stop of the car defendant was a passenger in was without sufficient cause. It was not attenuated by the fact defendant was found to be on probation with a search condition. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/H037910.PDF\">People v. Bates<\/a>, 222 Cal. App. 4th 60, 165 Cal. Rptr. 3d 573 (6th Dist. 2013). California official summary: <\/p>\n<p><!--more--><\/p>\n<blockquote><p>The Court of Appeal reversed the judgment with directions. The court concluded that a deputy&#8217;s seizure of a car in which defendant was a passenger was unlawful under U.S. Const., 4th Amend. The deputy had no reasonably articulable suspicion that either the occupants of the car or the car itself may have been involved in criminal activity. Instead, it appeared the deputy made the stop based solely on the possibility that the suspect might be riding in the vehicle. Though the Court of Appeal did not suggest the deputy acted in bad faith, it found his suspicionless stop of the car nonetheless purposeful for its attenuation analysis. The unlawfulness of the suspicionless vehicle detention was not retroactively cured by the fact defendant was a probationer with a search condition. Based on this finding, together with its determination that the probation search condition was an insufficient attenuating circumstance, the Court of Appeal concluded that the evidence obtained as a result of the detention and search should have been suppressed.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9989\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9989","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9989","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9989"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9989\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9989"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9989"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9989"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}