Hamilton

People v. Hamilton

Good Law
102 Cal. App. 4th 1311·126 Cal. Rptr. 2d 273·2002 Cal. App. LEXIS 4837·2002 Daily Journal DAR 12151·2002 Cal. Daily Op. Serv. 10559
Court of Appeal of CaliforniaOctober 21, 2002A097329California2,021 words

Opinion

Opinion

Reardon, J.

Vallejo police stopped the vehicle of appellant Hurmon Lamech Hamilton in reliance on a computerized report from the state Department of Motor Vehicles (DMV) stating that the vehicle’s registration had expired. A search of Hamilton’s person and vehicle turned up cocaine base, marijuana and a firearm, leading to an information charging him with the unlawful possession of these items and alleging also that he had served a prior prison term. In fact, the vehicle registration was current and the DMV data was in error. Despite this, the trial court denied Hamilton’s suppression motion by application of the good faith exception to the exclusionary rule under United. States v. Leon (1984) 468 U.S. 897 [ 104 S.Ct. 3430 , 82 L.Ed.2d 677 ]. (See Pen. Code, § 1538.5.) After Hamilton pled nolo contendere to drug and weapons charges, he was sentenced to four years in state prison. On appeal, he renews his claim that the good faith exception does not apply when the information relied on by police is later found to be erroneous. We affirm the judgment.

I. Facts

On October 6, 2000, approximately 12:40 a.m., Vallejo Police Officer Kevin Bartlett was on patrol when he “ran” a car’s…

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