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PEOPLE v. MEDINA

No. F051748.

70 Cal.Rptr.3d 413 (2007)

158 Cal.App.4th 1571

The PEOPLE, Plaintiff and Appellant, v. John Perez MEDINA, Jr., Defendant and Respondent.

Court of Appeal of California, Fifth District.

December 27, 2007.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, John G. McLean and Doris A. Calandra, Deputy Attorneys General, for Plaintiff and Appellant.

Richard J. Krech, under appointment by the Court of Appeal, Oakland, for Defendant and Respondent.

OPINION

KANE, J.

The trial court granted defendant John Perez Medina, Jr.'s motion to suppress evidence discovered during a suspicionless probation search of his residence conducted solely based on defendant's probation search condition. The People appeal. We will reverse.

FACTUAL AND PROCEDURAL SUMMARY

A Bakersfield police officer stopped defendant's vehicle due to an inoperable taillight. Defendant pulled into the driveway of his...

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