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PEOPLE v. McWILLIAMS

No. S268320.

14 Cal.5th 429 (2023)

THE PEOPLE, Plaintiff and Respondent, v. DUVANH ANTHONY McWILLIAMS, Defendant and Appellant.

Supreme Court of California.

February 23, 2023.

Attorney(s) appearing for the Case

William M. Robinson , under appointment by the Supreme Court, and Marc McKenna , under appointment by the Court of Appeal, for Defendant and Appellant.

Martin F. Schwarz , Public Defender (Orange), Laura Jose , Chief Public Defender, Adam Vining , Assistant Public Defender, and Abby Taylor , Deputy Public Defender, for Orange County Public Defender's Office as Amicus Curiae on behalf of Defendant and Appellant.

Xavier Becerra and Rob Bonta , Attorneys General, Lance E. Winters , Chief Assistant Attorney General, Jeffrey M. Laurence , Assistant Attorney General, Catherine A. Rivlin , Karen Z. Bovarick , Seth K. Schalit and Amit Kurlekar , Deputy Attorneys General, for Plaintiff and Respondent.

Jeffrey F. Rosen , District Attorney (Santa Clara), and Jeff Rubin , Deputy District Attorney, for Santa Clara County District Attorney's Office as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the report. The officer ran a records search and learned that the bystander, Duvanh Anthony McWilliams, was on parole and subject to warrantless, suspicionless parole searches...

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