Medina

People v. Medina

Good Law
1 Cal. Rptr. 3d 546·110 Cal. App. 4th 171·2003 Cal. App. LEXIS 1008·2003 Daily Journal DAR 7428
Court of Appeal of CaliforniaJuly 3, 2003No. B159372California2,559 words

Opinion

lead Opinion

Perren, J.

May officers, as a matter of standard procedure and in the name of “officer safety,” detain and frisk a driver stopped for an equipment infraction solely on the basis that the stop occurs in a high crime area at night? Here we conclude that the Fourth Amendment does not permit such an intrusion and that any incriminating evidence flowing from the illegal contact, which may include statements made by the driver, is inadmissible.

Roman Medina appeals from the trial court’s denial of his motion to suppress cocaine found on his person and in his vehicle, as well as statements he made to the police at the time of his detention and search (Pen. Code, § 1538.5). After the court denied his motion, Medina pleaded guilty to possession of a controlled substance. (Health & Saf. Code, § 11350, subd. (a).) Entry of judgment was deferred, and Medina was placed on probation. He contends that the cocaine and the statements attributed to him were obtained in violation of the Fourth Amendment’s prohibition against unreasonable searches and seizures. 1 We agree and, accordingly, reverse.

Facts and Procedural History

At approximately midnight on January 19, 2002, Los Angeles Police…

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