probable cause

3 opinions tagged “probable cause”

March 20, 2026 Court of Appeal of the State of California, Fourth Appellate District, Division Three

P. v. Perez 3/10/26 CA4/3

The Rule of People v. Perez is that police officers may not order a person out of a residence based solely on reasonable suspicion without probable cause and a warrant, even when the officers remain outside the residence, under circumstances where the person is seized while still inside the home.

January 29, 2026 Supreme Court of California

Sellers v. Super. Ct. 1/29/26 SC

The Rule of Sellers v. Superior Court is that to violate Health and Safety Code section 11362.3, subdivision (a)(4) (open container of marijuana in vehicle), marijuana must be of a usable quantity, in imminently usable condition, and readily accessible to an occupant, under circumstances where the marijuana could be consumed with minimal effort while driving, operating, or riding in the vehicle.

criminal search and seizure Fourth Amendment probable cause marijuana open container vehicle search warrantless search automobile exception suppression of evidence civil rights

5/14/26 Court of Appeal of the State of California, Sixth Appellate District

P. v. Super. Ct. 5/14/26 CA6

The Rule of People v. Superior Court (Feghhi) is that an officer's failure to inform a magistrate in a search warrant application that a DUI defendant requested a breath test does not undermine the validity of the warrant authorizing seizure of a blood sample, under circumstances where the warrant was otherwise supported by probable cause based on objective signs of intoxication and the defendant's involvement in a fatal DUI crash.

criminal evidence search and seizure DUI Fourth Amendment Franks hearing search warrant blood draw probable cause suppression motion vehicular manslaughter murder