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Modification: People v. Ayon

Ruling by

Mary J. Greenwood

Lower Court

Santa Clara County Superior Court

Lower Court Judge

Eric S. Geffon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog.



Court

California Courts of Appeal 6DCA

Cite as

2022 DJDAR 8471

Published

Aug. 8, 2022

Filing Date

Aug. 3, 2022

Opinion Type

Modification

Disposition Type

Reversed and Remanded

Case Fully Briefed

Jan. 14, 2021

Oral Argument

Apr. 7, 2022


THE PEOPLE,

Plaintiff and Respondent,

v.

ERNESTO AYON,

Defendant and Appellant.

 

No. H047360

(Santa Clara County

Super. Ct. No. C1894504)

Filed August 3, 2022

 

ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING

 

NO CHANGE IN JUDGMENT

 

 

The Attorney General's petition for rehearing is denied. There is no change in the judgment. The court orders that the opinion filed July 6, 2022, be modified as follows:

On page 17, at the beginning of the last paragraph, immediately under the heading labeled "C.  Relevance of the Preexisting Drug Investigation", the following sentence shall be inserted: "Although not required for us to reach our conclusion, the preexisting drug investigation merits mention in this case."

Dated: Greenwood, P. J.

 

Grover, J.

Danner, J.

#279809

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