Legal Opinion
People v. Epperson
California Court of Appeal
Decided November 21, 1986No. A032400PublishedCited by 4 opinions
1Opinion of the Court
Opinion
LOW, P. J.
We hold that no Fourth Amendment rights are implicated when a defendant gives contraband to a police officer because of his “guilty conscience” and not because of any conduct or show of authority by the officer.
Defendant Robert Epperson was arrested and charged with possession of heroin for sale (Health & Saf. Code, § 11351). Defendant’s motion to suppress the contraband (Pen. Code, § 1538.5) was granted and the case was dismissed. The People appeal from the order granting dismissal (Pen. Code, § 1238), alleging that the trial court applied the incorrect standard of law. We…
2Cases cited9 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- United States v. MendenhallSupreme Court of the United States · 1980
- Berkemer v. McCartySupreme Court of the United States · 1984
- California v. BehelerSupreme Court of the United States · 1983
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3Cited by4 opinions
- People v. FranklinCalifornia Court of Appeal · 1987
- People v. CarvajalCalifornia Court of Appeal · 1988
- People v. RossCalifornia Court of Appeal · 1990
- People v. SanchezCalifornia Court of Appeal · 1987