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People v. Maikho, No. D055068

By FindLaw Staff on January 06, 2010 10:29 AM

In a conviction of defendant for misdemeanor fishing offenses, trial court's grant of defendant's motion to suppress evidence is affirmed where: 1) the language of Fish and Game Code section 1006 does not provide for the inspection of vehicles by the Department of Fish and Game (DFG); 2) neither Perez nor any of the other cases are persuasive that it may be fairly implied from section 1006 and 2012 that it is necessary for the DFG to conduct traffic stops and inspections of specific vehicles on public streets to accomplish the express powers granted to it by those statutes; and 3) based on the review of the totality of the circumstances that the DFG warden did not have, at the time of the traffic stop, specific and articulable facts causing him to suspect some activity relating to crime had taken place and defendant was involved in that activity.   

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Appellate Information

Filed January 5, 2010

Judges

Opinion by Judge Rubin

Counsel
For Appellant:    Jan I. Goldsmith, City Attorney, David P. Greenberg, Assistant City Attorney, Monica A. Tiana, Deputy City Attorney

For Appellee:   Steven J. Carroll, Public Defender, Randy Mize, Chief Deputy Public Defender, Gary R. Nichols and Matthew Braner. Deputy Public Defenders

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