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PEOPLE v. LOW

No. S151961.

49 Cal.4th 372 (2010)

110 Cal. Rptr. 3d 640

232 P.3d 635

THE PEOPLE, Plaintiff and Respondent, v. TONY RICHARD LOW, Defendant and Appellant.

Supreme Court of California.

June 24, 2010.

Attorney(s) appearing for the Case

Matthew A. Siroka, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin, Laurence K. Sullivan, René A. Chacón and Arthur P. Beever, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.—

Defendant Tony Richard Low, a convicted felon with a long criminal record, was arrested while driving a stolen vehicle. He received and waived his Miranda rights,1 denied any wrongdoing, and underwent a patdown search before being taken into custody. No contraband or weapons were found.

Outside the entrance to the jail, the arresting officer told defendant that it was illegal...

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