Legal Opinion

People v. Soberanes

Appellate Division of the Superior Court of California

Decided May 25, 1979No. Crim. A. No. 16692; Crim. A. No. 16852PublishedCited by 3 opinions

1Opinion of the Court

Opinion

DOWDS, J.

In each of these cases the defendant was subjected to a body search after being found arguably in possession of less than one ounce of marijuana.1 In each case a motion was made to suppress the evidence discovered as a result of such search. In People v. Soberanes the motion was denied and defendant appeals. In People v. Cook the motion was granted and the People appeal. We uphold each search, affirm the order denying the motion to suppress in Soberanes and reverse the order granting the motion to suppress in Cook.

Arrestees who are to be incarcerated may be searched to prevent…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  4. Preston v. United StatesSupreme Court of the United States · 1964
  5. People v. Superior CourtCalifornia Supreme Court · 1970

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3Cited by3 opinions

  1. People v. BrocksCalifornia Court of Appeal · 1981
  2. Patterson v. RunnelsDistrict Court, C.D. California · 2003
  3. People v. BrocksCalifornia Court of Appeal · 1981

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