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Legal Opinion

People v. Valdez

California Court of Appeal

Decided November 30, 1987No. D004990PublishedCited by 14 opinions

1Opinion of the Court

Opinion

WORK, J.

—Jose Jacinto Torres appeals convictions of unlawfully possessing cocaine and unlawfully possessing cocaine for sale. (Health & Saf. Code, §§ 11351, 11350, subd. (a).) We hold the search of a 35-millimeter film canister in his pocket (which contained the cocaine) during a pat-search for weapons was unlawful and thus reverse his judgment of conviction. Because we find the search was unlawful, we do not address two other issues raised by Torres regarding the exclusion of a declaration against penal interest and comment on his post-arrest silence.

I

Torres: Facts

The drugs were found…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Texas v. BrownSupreme Court of the United States · 1983
  4. Ybarra v. IllinoisSupreme Court of the United States · 1980
  5. People v. Lance W.California Supreme Court · 1985

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

3Cited by14 opinions

  1. People v. LimonCalifornia Court of Appeal · 1993
  2. People v. HughesSupreme Court of Colorado · 1989
  3. People v. AvilaCalifornia Court of Appeal · 1997
  4. People v. GonzalesCalifornia Court of Appeal · 1989
  5. People v. StoffleCalifornia Court of Appeal · 1991

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

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