Legal Opinion

People v. Bautista

California Court of Appeal

Decided February 17, 2004No. H024442, H026395PublishedCited by 33 opinions

1Opinion of the Court

Opinion

PREMO, J.

Brothers and codefendants Dave and Michael Bautista (Dave and Michael) 1 appeal their conviction of possession of marijuana for sale based upon their guilty pleas after their motion to quash a search warrant and suppress evidence was denied by the trial court. On appeal, both contend that the court erred in finding that a Drug Enforcement Administration (DEA) officer did not impermissibly use military personnel to obtain the evidence supporting the search warrant in violation of the Posse Comitatus Act (PCA). (18 U.S.C. § 1385.) In a petition for a writ of habeas corpus, which…

2Cases cited28 opinions

  1. United States v. PlaceSupreme Court of the United States · 1983
  2. Laird v. TatumSupreme Court of the United States · 1972
  3. Galvan v. PressSupreme Court of the United States · 1954
  4. People v. FryeCalifornia Supreme Court · 1998
  5. People v. LucasCalifornia Supreme Court · 1995

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

3Cited by33 opinions

  1. Fitzgerald v. StateCourt of Appeals of Maryland · 2004
  2. People v. Hyung Joon KimCalifornia Supreme Court · 2009
  3. People v. Camacho, California Court of Appeal, 5th District2019
  4. People v. Olvera, California Court of Appeal, 5th District2018
  5. People v. Dejesus, California Court of Appeal, 5th District2019

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

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