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PEOPLE v. MELNYK

Docket No. G010370.

4 Cal.App.4th 1532 (1992)

6 Cal. Rptr.2d 570

THE PEOPLE, Plaintiff and Respondent, v. RICHARD ROBERT MELNYK, Defendant and Appellant.

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

March 31, 1992.

Attorney(s) appearing for the Case

COUNSEL

Berley & DeVito and Cara DeVito, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Keith I. Motley and Louis R. Hanoian, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CROSBY, J.

Does a car thief have standing to attack an allegedly illegal search and seizure of the vehicle? No.

A Fountain Valley patrol officer found Richard Robert Melnyk sleeping in an automobile in a restaurant parking lot about 1:45 a.m. on December 22, 1989. A mother and her baby were also sleeping inside. After an acrimonious detention and the arrival of backup officers, police searched the interior of...

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