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PEOPLE v. SMITH

Docket No. B084200.

31 Cal.App.4th 1185 (1995)

37 Cal. Rptr.2d 524

THE PEOPLE, Plaintiff and Respondent, v. VAL LAMAR SMITH, Defendant and Appellant.

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

January 26, 1995.

Attorney(s) appearing for the Case

COUNSEL

Marcia C. Levine, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, William T. Harter and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

VOGEL (Miriam A.), J.

We are asked in this case to extend the "good faith" exception to the Fourth Amendment's exclusionary rule to salvage a confession obtained in violation of the Fifth Amendment. We decline.

BACKGROUND

James Powell was at Yvonne Lane's apartment when Appellant Val Lamar Smith (who is deaf) and four other men ("Howard," "Vincent" and two others who remained nameless) arrived. Smith and...

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