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Criminal Procedure Keyed to Dressler
California v. Acevedo
Citation:500 U.S. 565, 111 S.Ct. 1982, 114 L.Ed.2d 619.
Officers observed Jamie Daza pick up a package that they knew contained marijuana. Officers placed the Daza residence under surveillance while another officer left to obtain a search warrant. However, before a warrant could be issued, the defendant entered Daza’s apartment, stayed for about 10 minutes, and reappeared carrying a brown paper bag that looked full. The officers noticed that the bag was the size of the wrapped marijuana package. The defendant placed the bag in the trunk of his car and started to drive away.
Fearing the loss of evidence, officers in a marked police car stopped him. Without a search warrant, they opened the trunk and the bag, and found marijuana. The defendant filed a motion to suppress the evidence, but the trial court denied it. He appealed, and the California Court of Appeal reversed, holding that the evidence should have been suppressed because while the officers had probable cause to believe that the paper bag contained drugs, they lacked probable cause to suspect that the car itself otherwise contained contraband.
The government appealed.
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