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PEOPLE v. BRANNER

No. C059288.

180 Cal.App.4th 308 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JASPER DWIGHT BRANNER, Defendant and Appellant.

Court of Appeals of California, Third District.

As modified January 11, 2010.

Attorney(s) appearing for the Case

Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, David A. Rhodes, Brian G. Smiley and Darren K. Indermill, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SCOTLAND, P. J.—

Almost a century ago, when it created the exclusionary rule to deter improper conduct by law enforcement officers, the United States Supreme Court held the guilty must go free when evidence essential for their convictions was obtained by an officer in violation of the right against unreasonable search and seizure enshrined in the Fourth Amendment to the United States Constitution. (Weeks v. United States

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