P.

P. v. Stuberg CA1/1

Good Law
Court of Appeal of CaliforniaJuly 11, 2013A136672California1,120 words

Opinion

Opinion

Dondero, J.

STATEMENT OF FACTS

Officer Walsh of the South San Francisco Police Department was on duty on November 13, 2011. At approximately 5:50 p.m., she was patrolling the area of 451 South Airport Boulevard. She noticed a Nissan minivan illegally parked in a handicapped spot near the Bay Trail. A registration check of the van indicated it was

1 Miranda v. Arizona (1966) 384 U.S. 436. 2 registered to defendant and that he was on probation with a specified search condition of his vehicle and person. Exiting her vehicle, Officer Walsh walked along the Bay Trail looking for Stuberg. She found a homeless camp and called for backup. The backup officer, Molyneux, arrived and joined Walsh in looking for defendant. They found him sitting on a bench with another person. Defendant told the police he was visiting friends in the area and that he was from Vallejo. While Walsh told Stuberg she wanted to search his vehicle, defendant told her he was no longer on probation but would allow her to pat search him. Nothing was found on his person. The officers walked defendant back to his vehicle to check it out. Officer Walsh searched the car in the presence of defendant and Officer Molyneux. Inside a…

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