Legal Opinion

People v. Espino

California Court of Appeal

Decided May 24, 2016No. H040942PublishedCited by 7 opinions

1Opinion of the Court

Opinion

MÁRQUEZ, J.

Police stopped defendant Freddy Espino for speeding. Based on an informant’s tip and other factors, the police extended the stop for further investigation. In the course of the stop, defendant consented to a search of his person, whereupon officers found an object in his pocket. Thinking the object was crack cocaine, the officers handcuffed defendant. But after examining the object, the police determined it was not crack cocaine, but a diamond. Without removing the handcuffs, police continued to question defendant and requested consent to search his car. After some…

2Cases cited42 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. United States v. LeonSupreme Court of the United States · 1984
  5. Whren v. United StatesSupreme Court of the United States · 1996

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3Cited by7 opinions

  1. In re I.H.California Court of Appeal · 2026
  2. Mosley v. Super. Ct.California Court of Appeal · 2024
  3. People v. Brown CA3California Court of Appeal · 2021
  4. People v. Cho CA6California Court of Appeal · 2021
  5. People v. Clahr CA1/2California Court of Appeal · 2016

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