Ruling by
William S. DatoLower Court
San Diego County Superior CourtLower Court Judge
Frederick L. LinkFootage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day.
Court
California Courts of Appeal 4DCA/1Cite as
2024 DJDAR 1328Published
Feb. 16, 2024Filing Date
Feb. 15, 2024Opinion Type
ModificationDisposition Type
AffirmedCase Fully Briefed
Oct. 4, 2023THE PEOPLE,
Plaintiff and Respondent,
v.
KEVIN EUGENE CARTWRIGHT,
Defendant and Appellant.
No. D080606
(Super. Ct. No. SCD279043)
California Court of Appeal
Fourth Appellate District
Division One
Filed February 15, 2024
ORDER MODIFYING OPINION AND DENYING REHEARING
NO CHANGE IN JUDGMENT
THE COURT:
It is ordered that the opinion filed January 25, 2024 be modified as follows:
1. Delete the first sentence at the top of page 7 that begins, "Further, the still images," and replace it with the following two sentences:
Further, the still images included in the record from the City's cameras are not dissimilar in scope to the views obtained from the private security camera behind the clothing shop. They effectively capture the same scene from a different angle.
2. The two images on page 7 are deleted and replaced with the below images in the following order:
See Figure 1 at https://www.courts.ca.gov/opinions/documents/D080606M.PDF
See Figure 2 at https://www.courts.ca.gov/opinions/documents/D080606M.PDF
The petition for rehearing is denied.
There is no change in judgment.
HUFFMAN, Acting P.J.
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