Legal Opinion
People v. Smith
California Court of Appeal
Decided April 9, 2009No. A120331PublishedCited by 13 opinions
1Opinion of the Court
Opinion
DONDERO, J. *
Defendant Anthony Craig Smith (Smith) appeals from a felony narcotics conviction, asserting as error the trial court’s denial of his motion to suppress evidence unreasonably obtained during a “public strip search.” (Pen. Code, § 1538.5.) We affirm, concluding that the police officer’s search, effected by pulling back the waistband of Smith’s underwear and visually inspecting his crotch area, did not constitute a public strip search and met constitutional standards, in light of Smith’s parole status and reduced expectation of privacy.
FACTUAL BACKGROUND
On June 23, 2006, at…
2Cases cited27 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Bell v. WolfishSupreme Court of the United States · 1979
- Griffin v. WisconsinSupreme Court of the United States · 1987
- United States v. KnightsSupreme Court of the United States · 2001
- Samson v. CaliforniaSupreme Court of the United States · 2006
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3Cited by13 opinions
- State v. TurnerTennessee Supreme Court · 2009
- People v. JonesCalifornia Court of Appeal · 2014
- People v. DouglasCalifornia Court of Appeal · 2015
- Foster v. City of OaklandDistrict Court, N.D. California · 2009
- People v. SchmitzCalifornia Court of Appeal · 2010
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