California, United States of America
The following excerpt is from People v. Wilson, H040313 (Cal. App. 2014):
Defendant subsequently filed a motion to suppress evidence. (See Pen. Code, 1538.5.) He alleged that he was detained and searched without a warrant, and that the prosecution was obligated to justify the warrantless detention and search. (See People v. Williams (1999) 20 Cal.4th 119, 130.) In response to defendant's motion to suppress, the prosecution argued that the detention was justified by defendant's violation of Vehicle Code section 21201, subdivision (d)(1) and that the pat search was justified by the officer's safety concerns.
The trial court heard and denied defendant's motion to suppress on October 9, 2013.
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