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PEOPLE v. PACE

Docket No. 17911.

92 Cal.App.3d 199 (1979)

154 Cal. Rptr. 811

THE PEOPLE, Plaintiff and Respondent, v. CLAYTON B. PACE, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

April 23, 1979.

Attorney(s) appearing for the Case

COUNSEL

Bonjour, Gough, Stone & Remer and Jules F. Bonjour, Jr., for Defendant and Appellant.

Evelle J. Younger, George Deukmejian, Attorneys General, Jack. R. Winkler, Robert H. Philibosian, Chief Assistant Attorneys General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and Ronald E. Niver, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HALVONIK, J.

(1) We hold that the warrantless search of a container, removed from a person incident to arrest and reduced to the exclusive control of the police, is unlawful because unjustified by any exigent circumstances.

The arrest occurred on March 20, 1977. Officers Jack Dahl and Ronald Packard were on patrol in separate cars. Both were directed by radio...

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