People v. Todd

Opinion

CLARK, J.

Defendant appeals from judgment of conviction for possessing a restricted dangerous drag in violation of section 11910 of the Health and Safety Code.

Facts

Believing them to be under the influence of either alcohol or drugs, police officers placed defendant and his brother in the rear of a patrol car while they searched the area for specific contraband. Defendant was neither told he was under arrest nor apprised of any constitutional right.

Unknown to defendant, a device was activated in the front seat of the vehicle for the purpose of recording conversation in the absence of the…