Legal Opinion
People v. Donaldson
California Court of Appeal
Decided July 3, 1995No. B090891PublishedCited by 6 opinions
1Opinion of the Court
Opinion
FUKUTO, J.
In this prosecution for driving while under the influence of alcohol, the parties agree that the arrest was violative of Penal Code section 836, subdivision (a)(1) which requires that a warrantless arrest for a misdemeanor be committed in the presence of the arresting officer. The parties also agree that the judicially created exclusionary rule mandating that evidence obtained incident to such an arrest be excluded was abrogated by the adoption of article I, section 28, subdivision (d), of the California Constitution (section 28(d)), an initiative measure enacted in 1982 as…
2Cases cited8 opinions
- People v. Lance W.California Supreme Court · 1985
- People v. EwoldtCalifornia Supreme Court · 1994
- Ginns v. SavageCalifornia Supreme Court · 1964
- Mercer v. Department of Motor VehiclesCalifornia Supreme Court · 1991
- People v. LivelyCalifornia Court of Appeal · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. SchofieldCalifornia Court of Appeal · 2001
- P. v. Bell CA1/1California Court of Appeal · 2013
- P. v. Bell CA1/1California Court of Appeal · 2013
- Patterson v. RunnelsDistrict Court, C.D. California · 2003
- People v. BurtonAppellate Division of the Superior Court of California · 2013
1 more not listed; retrieve them via the Exa API.