People v. Bates

Opinion

GROVER, J.

—In this appeal we conclude that the unlawfulness of a suspicionless vehicle detention is not retroactively cured when one of the passengers turns out to be a probationer with a search condition.

Defendant Marcus Taylor Bates pleaded no contest to felony grand theft from a person (Pen. Code, § 487, subd. (c)) after he unsuccessfully moved to suppress evidence resulting from a traffic stop. For the reasons stated herein, we will reverse the Superior Court’s denial of defendant’s motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

The following factual background is derived from the…