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PEOPLE v. McDONALD

No. A108690.

40 Cal.Rptr.3d 422 (2006)

137 Cal.App.4th 521

The PEOPLE, Plaintiff and Respondent, v. David McDONALD, Defendant and Appellant.

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

Review Denied June 21, 2006.

Attorney(s) appearing for the Case

First District Appellate Project, Matthew Zwerling, Executive Director, Alan Siraco, Staff Attorney, Attorneys for Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Asst. Atty. Gen., Gerald A. Engler, Sr. Asst. Atty. Gen., Amy Haddix, Deputy Attorney General, Ann P. Wathen, Deputy Attorney General, Attorneys for Respondent.

KLINE, P.J.

This case presents the question whether it is a crime under California state law to urinate in public.

David McDonald challenges the denial of his motion to suppress evidence under Penal Code section 1538.5.1 The evidence was seized after McDonald was detained for urinating in a public place. McDonald claims the detention and search incident thereto were unlawful because...

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