Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

On March 29, 2018, the Court of Appeal reversed a Trial Court’s decision denying Defendant’s motion to suppress pursuant to Penal Code section 1538.5. The Court of Appeal ruled “the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant’s detention was justified by government interests made applicable to his detention by individualized and objective facts.”

Anytime a court finds a violation of a Defendant’s Fourth Amendment rights, the system gets better. Law enforcement is taught a lesson about the extent of their power and authority, and the rights of people (both factually innocent and not-so innocent) are preserved and protected.

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