Legal Opinion

People v. DeLong

California Court of Appeal

Decided September 30, 1970No. Crim. 8274PublishedCited by 12 opinions

1Opinion of the Court

Opinion

DEVINE, P. J.

The constitutionality of two gun control statutes, Penal Code section 171e and Penal Code section 12031, subdivision (c), comes before us in an oblique way. The prosecution in this case was for violation of section 11530 of the Health and Safety Code by possession of marijuana. Appellant was convicted and was granted probation for three years upon conditions of his paying a fine and registering pursuant to relevant statutes. The marijuana was in plain sight when officers opened the trunk of appellant’s automobile; wherefore, the legality of the opening is important, and…

2Cases cited3 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Yick Wo v. HopkinsSupreme Court of the United States · 1886

3Cited by12 opinions

  1. United States v. Franklin Neil BradyCourt of Appeals for the Ninth Circuit · 1987
  2. Rupf v. YanCalifornia Court of Appeal · 2000
  3. People v. HeffnerCalifornia Court of Appeal · 1977
  4. People v. GreenCalifornia Court of Appeal · 1971
  5. Nichols v. HarrisDistrict Court, C.D. California · 2014

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