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Legal Opinion

People v. Fleming

California Court of Appeal

Decided March 1, 1994No. B074599PublishedCited by 6 opinions

1Opinion of the Court

Opinion

a trial court may require an applicant for drug diversion to submit to reasonable, but warrantless, searches as a condition of his diversion program. We reluctantly conclude that under the law as currently interpreted, it may not do so.

Appellant Victoria Fleming was charged in count I with possession for sale of a controlled substance (Health & Saf. Code, § 11378) and in count II with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). It was also alleged that she was personally armed with a firearm during the commission of the foregoing violations (Pen.…

2Cases cited12 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. People v. LentCalifornia Supreme Court · 1975
  3. People v. MasonCalifornia Supreme Court · 1971
  4. People v. Superior Court (On Tai Ho)California Supreme Court · 1974
  5. People v. BravoCalifornia Supreme Court · 1987

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3Cited by6 opinions

  1. People v. OrmistonCalifornia Court of Appeal · 2003
  2. People v. DowningCalifornia Court of Appeal · 1995
  3. People v. OrmistonCalifornia Court of Appeal · 2003
  4. Bluestone Investment Inc., et al. v. Qizhong Hu, et al.District Court, N.D. California · 2025
  5. People v. HillCalifornia Court of Appeal · 2025

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

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