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Legal Opinion

People v. Pace

California Court of Appeal

Decided April 23, 1979No. Crim. 17911PublishedCited by 29 opinions

1Opinion of the Court

Opinion

HALYONIK, J.

J(1) We hold that the warrantless search of a container, removed from a person incident to arrest and reduced to the exclusive control of the police, is unlawful because unjustified by any exigent circumstances.

The arrest occurred on March 20, 1977. Officers Jack Dahl and Ronald Packard were on patrol in separate cars. Both were directed by radio to Union City’s Casa Verde Park to investigate complaints about an intoxicated man there. Packard arrived first and saw a man who “seemed to stagger quite heavily, almost in a somewhat dazed fashion . . . .” Packard said hello and…

2Cases cited48 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Coolidge v. New HampshireSupreme Court of the United States · 1971
  4. Chimel v. CaliforniaSupreme Court of the United States · 1969
  5. Beck v. OhioSupreme Court of the United States · 1964

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

3Cited by29 opinions

  1. People v. LaiwaCalifornia Supreme Court · 1983
  2. People v. FloresCalifornia Court of Appeal · 1979
  3. People v. RobbinsCalifornia Court of Appeal · 1980
  4. People v. BullwinkleCalifornia Court of Appeal · 1980
  5. People v. HarrisCalifornia Court of Appeal · 1980

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

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