Ramirez

People v. Ramirez

Good Law
Court of Appeal of CaliforniaAugust 20, 2024G063224California5,167 words

Opinion

Opinion

Filed 8/20/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Appellant, G063224

v. (Super. Ct. No. 22CF2282)

LUIS RAMIREZ, OPINION

Defendant and Respondent.

Appeal from an order of the Superior Court of Orange County, Elizabeth G. Macias, Judge. Reversed and remanded with directions. Todd Spitzer, District Attorney, Austin Deuel and Mina Said, Deputy District Attorneys, for Plaintiff and Appellant. Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Respondent.

* * * Under the Fourth Amendment to the United States Constitution, “once a vehicle has been lawfully detained for a traffic violation, a police officer may order the driver to exit the vehicle without any articulable justification.” (People v. Hoyos (2007) 41 Cal.4th 872, 893 (Hoyos), citing Pennsylvania v. Mimms (1977) 434 U.S. 106, 111, fn. 6 (Mimms).) Here, two police officers were on routine patrol when they stopped a car for a traffic violation. Officer Travis Booth approached the car on…

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