Legal Opinion
People v. Humberto O.
California Court of Appeal
Decided April 26, 2000No. B124161PublishedCited by 5 opinions
1Opinion of the Court
Opinion
ALDRICH, J.
Introduction
The People appeal from the judgment dismissing with prejudice the petition (Welf. & Inst. Code, § 602) filed against defendant Humberto O., after the trial court granted defendant’s motion to suppress (Welf. & Inst. Code, § 700.1) a dagger found during the search of his backpack. We hold that the search of the backpack worn by defendant at the time of his arrest under Education Code section 48264 1 for truancy was lawful because it was incident to defendant’s arrest. Accordingly, we reverse the judgment.
Factual and Procedural Background
On February 26, 1998, at…
2Cases cited11 opinions
- United States v. RobinsonSupreme Court of the United States · 1973
- Lee v. StateCourt of Appeals of Maryland · 1988
- Carrasco v. StateCourt of Criminal Appeals of Texas · 1986
- Commonwealth v. MaderaMassachusetts Supreme Judicial Court · 1988
- United States v. Mitchell Bernard LitmanCourt of Appeals for the Fourth Circuit · 1984
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3Cited by5 opinions
- Johnson v. LewisCalifornia Court of Appeal · 2004
- In re J.O.R.District of Columbia Court of Appeals · 2003
- In re W.R.District of Columbia Court of Appeals · 2012
- L.A. v. Superior CourtCalifornia Court of Appeal · 2012
- In re Erik B. CA4/1California Court of Appeal · 2014