Legal Opinion
People v. Bailey
California Court of Appeal
Decided December 17, 1985No. H000583PublishedCited by 44 opinions
1Opinion of the Court
Opinion
LEACH, J.*
Defendant Russell Bailey pleaded not guilty to charges of possession of cocaine and denied allegations of prior convictions. His motion to suppress evidence under Penal Code section 1538.5 was granted and the case dismissed. The People appeal.
At issue is the validity of a consent to search given in the presence of an officer who has directed a red light toward appellant’s vehicle.
An officer in an unmarked police car saw a vehicle occupied by a single person in the parking lot of a Sears store which was closed. The area was one in which persons from a nearby establishment…
2Cases cited7 opinions
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- United States v. MendenhallSupreme Court of the United States · 1980
- People v. LeybaCalifornia Supreme Court · 1981
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- Parrish v. Civil Service CommissionCalifornia Supreme Court · 1967
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3Cited by44 opinions
- State v. Garcia-CantuCourt of Criminal Appeals of Texas · 2008
- State v. MorrisSupreme Court of Kansas · 2003
- State v. WilliamsTennessee Supreme Court · 2006
- People v. BrownCalifornia Supreme Court · 2015
- People v. FranklinCalifornia Court of Appeal · 1987
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