Legal Opinion

People v. Gallegos

California Court of Appeal

Decided February 28, 2002No. B147414PublishedCited by 11 opinions

1Opinion of the Court

Opinion

ALDRICH, J.

to Penal Code section 1238, subdivision (a)(7), 1 the People appeal the superior court’s suppression of evidence seized during a search of the home of defendants and respondents Lonnie Hagan Gallegos and his stepson, Jerry Manuel Ramirez. The People contend the trial court erred by “fail[ing] to properly apply the well-established rule that when officers executing a valid search warrant discover weapons and contraband in plain view they may seize those items, even if not denominated in the warrant.” We agree with the People and reverse.

Factual and Procedural Background

1.…

2Cases cited27 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Texas v. BrownSupreme Court of the United States · 1983
  4. Horton v. CaliforniaSupreme Court of the United States · 1990
  5. Minnesota v. DickersonSupreme Court of the United States · 1993

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3Cited by11 opinions

  1. State v. RodriguezCourt of Appeals of Arizona · 2003
  2. People v. Gutierrez, California Court of Appeal, 5th District2018
  3. People v. NguyenCalifornia Court of Appeal · 2003
  4. People v. GutierrezCalifornia Court of Appeal · 2018
  5. People v. HelzerCalifornia Supreme Court · 2024

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

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