People v. Durant
140 Cal. Rptr. 3d 103
Cal. Ct. App.2012Background
- Appellant Durant, a felon on probation with search conditions, was stopped at night for failing to signal a left turn.
- The first stop occurred near Bayshore Blvd; probation status was known to officers but Durant was not detained.
- The following night, Durant (driving the same Pontiac) turned left without signaling; a traffic stop was initiated.
- Officer Taylor pulled Durant over for failing to signal; Durant denied illegal activity and consented to searches.
- A loaded handgun was found during a patdown; suppression motion denied; probation search condition invoked to justify search.
- Court applied attenuation framework (Brendlin) to assess taint, concluding taint was dissipated by probation condition and recognition of probation status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop violated Fourth Amendment | Durant | People | Stop supported by reasonable suspicion of violation |
| Whether probation search condition justified the patdown | Durant | People | Probation condition independent of stop; search valid |
| Whether knowledge of probation status was required at stop | Durant | People | Advance knowledge not required for attenuation; search valid |
Key Cases Cited
- People v. Carmona, 195 Cal.App.4th 1385 (Cal. App. Dist. 2nd) (read together §§22107–22108; objective requirement for signaling)
- People v. Logsdon, 164 Cal.App.4th 741 (Cal. App. Dist. 2nd) (signal requirement and objective manifest doubt)
- People v. White, 107 Cal.App.4th 636 (Cal. App. Dist. 4th) (mistake of law cannot justify stop)
- People v. Hoeninghaus, 120 Cal.App.4th 1180 (Cal. App. Dist. 4th) (advance knowledge of probation condition required)
- In re Jaime P., 40 Cal.4th 128 (Cal. 2006) (juvenile probationary search term knowledge required)
- People v. Sanders, 31 Cal.4th 318 (Cal. 2003) (limits on reliance on parole/search conditions)
- Brendlin v. California, 45 Cal.4th 262 (Cal. 2007) (attenuation factors; taint dissipated by intervening circumstances)
- People v. Medina, 158 Cal.App.4th 1571 (Cal. App. Dist. 4th) (consent to warrantless searches as probation condition)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (fruits of illegality doctrine; attenuation analysis)