Updates to Bell's Compendium on Searches & Seizures
Page numbers in parentheses refer to where the boldface topic is found in the printed volume of Bell’s.
NOTE: *Tacardon on pg. 77 was decided by Cal. Sup. Ct. New citation:
Tacardon, 14 C5 235, 302 CR3 374, 521 P3 533 (22) #S264219: Deputy saw legally parked BMW with smoke coming out window. Pulled 20 feet behind and used spotlight, not emergency lights. Approached. MJ smell. Using flashlight, Deputy saw bags of MJ in car. Def. on probation. Probation search found MJ and pills. Held, spotlight, without more, is not a detention. Totality of circumstances test.
Temporary Detention (pg. 61)
IN RE L.G., 108 CA5 818, 329 CR3 595 (25) #B331298: Offs. patrolling Harbor Crips Gang territory after dark. In cruiser they encountered 3 young men on sidewalk, engaged in conversation. Def., a minor, said nothing. Suspecting drugs or weapons, Offs got out, ordering “Hands up!” Def. ran. Caught. Gun. Supp. Den. Rev. Illegal detention.
General Rules (pg. 184)
DMV Admininstrative Hearing
Kazelka, 109 CA5 1239, 331 CR3 251 (25) #A163664: Offs stopped Def. for DUI. Gave PAS test without giving statutory admonition. DMV hearing, suspension. Def. filed for writ of mandate. Granted, holding that failed admonition required suppression. Reversed. Off. conduct did not “rise to level” requiring exclusion in administrative hearing context.