The following excerpt is from Gomez v. Garcia, 81 F.3d 95 (9th Cir. 1996):
In response to this argument the state replied: "The claim-of-right theory, however, does not apply to claims based on notoriously illegal activities. (People v. Hendricks (1988) 44 Cal.3d 635, 642, 244 Cal.Rptr. 181, 749 P.2d 836; People v. Gates (1987) 43 Cal.3d 1168, 1181-1182, 240 Cal.Rptr. 666, 743 P.2d 301.) ... Appellants' ostensible right to the
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