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PEOPLE v. DIAZ

Docket No. 18463.

101 Cal.App.3d 440 (1980)

161 Cal. Rptr. 645

THE PEOPLE, Plaintiff and Respondent, v. AUGUSTINE DIMAS DIAZ et al., Defendants and Appellants.

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

January 28, 1980.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Clifton R. Jeffers, Chief Assistant State Public Defender, Harriet Wiss Hirsch and David R. Lipson, Deputy State Public Defenders, and Paul Mansfield for Defendants and Appellants.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and Ann K. Jensen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RACANELLI, P.J.

In this appeal we examine the novel factual question whether Fourth Amendment protection may be rationally extended to an ordinary container for liquids seized from within a lawfully detained vehicle. We conclude that even under the most compliant construction of relevant constitutional principles immunizing personal containers from warrantless searches, no reasonable...

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