People v. Leal, No. H031174

Trial court's ruling, placing defendant on probation for three years subject to various conditions after pleading no contest to obliterating the identification of a firearm, is reversed as the search conducted following defendant's arrest violated the Fourth Amendment, a violation of sufficient gravity to entitle defendant to the remedy of suppression of the evidence.     

Read People v. Leal, No. H031174 [PDF]

Read People v. Leal, No. H031174 [HTML]

Filed October 29, 2009

Judges

Opinion by Judge Duffy

Counsel

For Appellant:  Jonathan E. Berger, George L. Schraer

For Appellee:  Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Aileen Bunney, Deputy Attorney General