Legal Opinion

People v. Gutierrez

California Superior Court

Decided February 14, 2019No. Case No.: CR M 17-6615Published

1Opinion of the Court

*145DECISION

*13Defendant Vincent Gutierrez appeals from the denial of his motion to suppress evidence. As the trial court erred in denying the motion, we REVERSE .

FACTUAL AND PROCEDURAL BACKGROUND

On October 25, 2017, the People filed a complaint against defendant Vincent Gutierrez, alleging two counts: Count 1, a misdemeanor violation of Harbors and Navigation Code section 655(b), operating a vessel while under the influence of alcohol or drugs; and Count 2, a misdemeanor violation of Harbors and Navigation Code section 655(c), operating a vessel at .08 percent or more.

On May 15, 2018, defendant…

2Cases cited20 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Florida v. RoyerSupreme Court of the United States · 1983
  4. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  5. Bumper v. North CarolinaSupreme Court of the United States · 1968

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