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DEPARTMENT OF TRANSPORTATION v. STATE PERSONNEL BD.

No. B210334.

178 Cal.App.4th 568 (2009)

DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. STATE PERSONNEL BOARD, Defendant and Respondent; LEE B. KENDRICK III, Real Party in Interest and Appellant.

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

October 20, 2009.

Attorney(s) appearing for the Case

Ronald W. Beals, Chief Counsel, Linda Cohen Harrel, Deputy Chief Counsel, Robert W. Vidor, Alexander D. DeVorkin, Carol Quan, William H. Rittenburg and Jerald M. Montoya for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

Gerald A. James for Real Party in Interest and Appellant.

OPINION

BOREN, P. J.—

The Fourth Amendment "has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons." (Stone v. Powell (1976) 428 U.S. 465, 486 [49 L.Ed.2d 1067, 96 S.Ct. 3037].)1 In this case, a state transportation employee is seeking to apply...

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