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law34-case18

Page history last edited by abogado 13 years, 11 months ago

Case - Marijuana in the Car  

 

 

Facts : the officer asked defendant " have you been smoking any marijuana" - "do you have any", defendant said no. officer then asks "do you care if I look in your car?" - the officer looks and finds marijuana. defendant now says that the officer had no probable cause to stop and talk to him nor justification and that defendant's consent was illegal because the officer failed to tell defendant he had a right to refuse the search, and there was no evidence that defendant had control over the illegal drugs which were found in the car - 1968 California Appellate Court case

 

 

 

1. find the case - California Appellate Case - 1968 - give the complete case name, etc.

 

2. True or False? explain why? "There is a requirement in California for police warnings of any type as a condition precedent to a valid consent search?" 

 

 

3. Use  http://calawresearch.com http://calawresearch.com - (username - lawteacher - password - mission) to get the full citation since this is a California Case

 

4. Who won the case and why?

 

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