Skip to main content

Posts

Showing posts with the label people v. lopez

California Supreme Court Narrows Exception to the Fourth Amendment’s Warrant Requirement

On November 25, 2019, the California Supreme Court overturned a 17-year-old exception to the Fourth Amendment’s warrant requirement. People v. Lopez holds “that the desire to obtain a driver’s identification following a traffic stop does not constitute an independent, categorical exception to the Fourth Amendment’s warrant requirement.” People v. Lopez , No. S238627, 2019 WL 6267367, at *1 (Cal. Nov. 25, 2019). Before Lopez , police were “allowed … to conduct warrantless vehicle searches for personal identification documents at traffic stops when the driver failed to provide … personal identification upon request.” Id . The Court summarized the facts of Lopez as follows: police “responded to an anonymous tip concerning erratic driving.” Police were “(u)nable to locate the vehicle,” so they “asked dispatch to run a computer search of the license plate.” Police “then drove by the address where the car was registered,” but didn’t see a car matching the description. As such, p...