Legal Opinion
People v. Baldwin
California Court of Appeal
Decided October 14, 1976No. Crim. 14284PublishedCited by 16 opinions
1Opinion of the Court
Opinion
TAYLOR, P. J.
The People appeal from an order dismissing the information 1 pursuant to Penal Code section 1385 after the granting of a defense motion to suppress evidence pursuant to Penal Code section 1538.5, on grounds that all of the evidence acquired by the police after the arrest of defendant Baldwin was “fruit of the poisonous tree,” namely, the unlawful search of the home after the arrest. The People contend that: 1) the smell of marijuana detected by the arresting officers was a sufficient basis, without more, to provide probable cause sufficient to preserve the validity of the…
2Cases cited45 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Roe v. WadeSupreme Court of the United States · 1973
- Griswold v. ConnecticutSupreme Court of the United States · 1965
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3Cited by16 opinions
- People v. RamosCalifornia Supreme Court · 1982
- United States v. Jose Guadalupe ValenzuelaCourt of Appeals for the Ninth Circuit · 1979
- People v. SahagunCalifornia Court of Appeal · 1979
- People v. CookCalifornia Court of Appeal · 1982
- People v. NegreteCalifornia Court of Appeal · 1978
11 more not listed; retrieve them via the Exa API.