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Legal Opinion

People v. McDonald

California Court of Appeal

Decided March 8, 2006No. A108690PublishedCited by 32 opinions

1Opinion of the Court

Opinion

KLINE, P. J.

This case presents the question whether it is a crime under California state law to urinate in public.

David McDonald challenges the denial of his motion to suppress evidence under Penal Code section 1538.5. The evidence was seized after McDonald was detained for urinating in a public place. McDonald claims the detention and search incident thereto were unlawful because the Penal Code does not criminalize his act. As the officer who detained McDonald could lawfully do so only on the basis of a reasonable articulable suspicion McDonald was engaged in, or about to engage in,…

2Cases cited38 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wisconsin v. YoderSupreme Court of the United States · 1972
  3. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  4. Jacobellis v. OhioSupreme Court of the United States · 1964
  5. Delaney v. Superior CourtCalifornia Supreme Court · 1990

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

3Cited by32 opinions

  1. People v. EvansCalifornia Court of Appeal · 2011
  2. United States v. James BrownCourt of Appeals for the Ninth Circuit · 2021
  3. People v. DurantCalifornia Court of Appeal · 2012
  4. Monks v. City of Rancho Palos VerdesCalifornia Court of Appeal · 2008
  5. In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2007

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

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