PEOPLE v. RODRIGUEZ

No. B186661.

49 Cal.Rptr.3d 811 (2006)

143 Cal.App.4th 1137

The PEOPLE, Plaintiff and Respondent, v. Guillermo RODRIGUEZ, Defendant and Appellant.

Court of Appeal of California, Second District, Division Seven.

October 10, 2006.


Attorney(s) appearing for the Case

Jonathan B. Steiner and Richard L. Fitzer, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.


JOHNSON, J.

The issue in this case is whether evidence seized in a lawful search incident to a lawful arrest based upon an outstanding warrant should be suppressed if the police invented the ground for the traffic stop which led to the discovery of the warrant. The trial court ruled it did not need to decide whether the police made up their claim the defendant's car had a "burnt out" right brake light because any taint...

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