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PEOPLE v. DONALDSON

Docket No. B090891.

36 Cal.App.4th 532 (1995)

42 Cal. Rptr.2d 314

THE PEOPLE, Plaintiff and Respondent, v. CATHERINE DONALDSON, Defendant and Appellant.

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

July 3, 1995.

Attorney(s) appearing for the Case

COUNSEL

Overland & Gits and Mark E. Overland for Defendant and Appellant.

James K. Hahn, City Attorney, Debbie Lew and Peter W. Mason, Deputy City Attorneys, for Plaintiff and Respondent.

OPINION

FUKUTO, J.

In this prosecution for driving while under the influence of alcohol, the parties agree that the arrest was violative of Penal Code section 836, subdivision (a)(1) which requires that a warrantless arrest for a misdemeanor be committed in the presence of the arresting officer. The parties also agree that the judicially created exclusionary rule mandating that evidence...

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