Legal Opinion

People v. Gallardo

California Court of Appeal

Decided May 19, 2005No. G034390PublishedCited by 9 opinions

1Opinion of the Court

Opinion

MOORE, J.

The Orange County District Attorney challenges an order of the trial court granting defendant’s motion pursuant to Penal Code section 1538.5 and dismissing the indictment against him. We find there was no violation of the Fourth Amendment and therefore reverse the order granting the motion and dismissing the information.

I

FACTS

On July 4, 2004, Orange County Deputy Sheriff Mark Froome was on patrol in Lake Forest when he saw a truck with a smashed taillight. He made a traffic stop of the vehicle, which defendant was driving. Froome told defendant he had stopped him because of…

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Atwater v. City of Lago VistaSupreme Court of the United States · 2001
  4. People v. GlaserCalifornia Supreme Court · 1995
  5. People v. McGaughranCalifornia Supreme Court · 1979

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. TullyCalifornia Supreme Court · 2012
  2. People v. TorresCalifornia Court of Appeal · 2010
  3. People v. VIBANCOCalifornia Court of Appeal · 2007
  4. People v. TullyCalifornia Supreme Court · 2012
  5. People v. Cruz CA4/2California Court of Appeal · 2015

4 more not listed; retrieve them via the Exa API.

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