THE APPELLATE COURT SAID:

YES, the evidence should be suppressed   The trial court allowed the evidence and the defendants were convicted, but the appellate court overturned the convictions and ordered the evidence suppressed.   In doing so they said: A search without a warrant is presumed to be illegal. (People v. James (1977) 19 Cal.3d 99, 106.) Once the defendant shows the search was warrantless, the burden shifts to the People to justify the search by establishing the search fell within an exception to the warrant requirement.     The California Appellate Court overturned the convictions on November 20, 2000.  This Page Sponsored By BAKERSFIELD TATTOO & PIPE SHOP 2301 Niles  (661) 327-5544 Copyright © 2000, Law Offices of George A. Boyle