Ruling by
Mary J. GreenwoodLower Court
Santa Clara County Superior CourtLower Court Judge
Eric S. GeffonTrial 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 6DCACite as
2022 DJDAR 8471Published
Aug. 8, 2022Filing Date
Aug. 3, 2022Opinion Type
ModificationDisposition Type
Reversed and RemandedCase Fully Briefed
Jan. 14, 2021Oral Argument
Apr. 7, 2022THE 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.
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