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PEOPLE v. BRENDLIN

No. S123133.

45 Cal.4th 262 (2008)

THE PEOPLE, Plaintiff and Respondent, v. BRUCE EDWARD BRENDLIN, Defendant and Appellant.

Supreme Court of California.

November 24, 2008.

Attorney(s) appearing for the Case

Elizabeth Campbell, under appointment by the Supreme Court, and James F. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Manuel M. Medeiros, State Solicitor General, Donald E. de Nicola, Deputy State Solicitor General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Mary Jo Graves and Michael P. Farrell, Assistant Attorneys General, John G. McLean, Janet E. Neeley, Michael A. Canzoneri and Clifford E. Zall, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.

The issue presented in this case is whether evidence seized in a search incident to a lawful arrest based upon a valid outstanding warrant nonetheless must be suppressed because the discovery of the warrant occurred during an unlawful traffic stop. Case law from other state and federal courts uniformly holds that the discovery of an outstanding arrest warrant prior to a search incident to arrest constitutes an intervening...

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