Legal Opinion

Brewer v. Superior Court of Contra Costa Cnty.

California Court of Appeal, 5th District

Decided November 6, 2017No. A151584PublishedCited by 1 opinion

1Opinion of the CourtRivera, Acting P.J.

*1021I. INTRODUCTION

Defendant Lamonte Brewer seeks a writ of mandate directing the trial court to grant his motion to set aside an information charging him with three gun possession crimes. Defendant argues that the magistrate conducting the preliminary hearing should have suppressed evidence of a gun that police found during a search of a car, and that absent the gun evidence, the charges were not supported by reasonable or probable cause. The magistrate refused to suppress the gun evidence because defendant lacked a reasonable expectation of privacy in the car that was searched. The trial court…

2Cases cited9 opinions

  1. Rakas v. IllinoisSupreme Court of the United States · 1979
  2. Brendlin v. CaliforniaSupreme Court of the United States · 2007
  3. United States v. Dracy Lamont McKneely Andrew Ellis, and Alandis Bennett, Also Known as Torjano AkinesCourt of Appeals for the Tenth Circuit · 1993
  4. United States v. KimballCourt of Appeals for the First Circuit · 1994
  5. United States v. EllisCourt of Appeals for the Sixth Circuit · 2007

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3Cited by1 opinion

  1. Price v. Superior CourtCalifornia Court of Appeal · 2023

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