Legal Opinion

People v. McHugh

California Court of Appeal

Decided June 7, 2004No. D042148PublishedCited by 6 opinions

1Opinion of the Court

Opinion

McDONALD, J.

Stephen McHugh pleaded guilty to a series of charges after the court denied his motion to suppress evidence of the results of his blood-alcohol test. On appeal, McHugh asserts this evidence should have been suppressed because it was obtained as a result of an improper stop, and the blood draw was improper.

I

FACTUAL BACKGROUND

A. The Arrest

At approximately 9:30 p.m. on April 30, 2002, Officer Rossi of the San Diego City Schools Police Department was driving home in the marked patrol car he used for his work. As he drove northbound on Interstate 15, Rossi saw a car, driven by…

2Cases cited20 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Atwater v. City of Lago VistaSupreme Court of the United States · 2001
  4. People v. WeaverCalifornia Supreme Court · 2001
  5. People v. LeybaCalifornia Supreme Court · 1981

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3Cited by6 opinions

  1. People v. HarrisCalifornia Court of Appeal · 2015
  2. Espinoza v. ShiomotoCalifornia Court of Appeal · 2017
  3. Hildebrand v. Department of Motor VehiclesCalifornia Court of Appeal · 2007
  4. People v. MateljanCalifornia Court of Appeal · 2005
  5. Opinion No. (2008), California Attorney General Reports2008

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