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Convictions for False Personation and Drug Offenses In DUI Arrests

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By FindLaw Staff on April 15, 2010 2:05 PM

In People v. Stacy, No. C060673, the Third District faced a challenge to a conviction for false personation, driving under the influence of alcohol and related offenses, claiming insufficient evidence to support the conviction.  However, as there was ample evidence to support the jury's finding that the individual, whose name and other information was given to the officer by the defendant, was an actual person and as such, there was sufficient evidence to convict defendant on the charge of false personation.

In People v. Shafrir, No. A125880, the First District faced a challenge to trial court's grant of defendant's motion under Penal Code section 995 to dismiss the counts alleging violations of Health and Safety Code section 11359 and 11360(a), following denial of his motion to suppress evidence, in a prosecution for DUI and drug related offenses.  In reversing the trial court's decision, the court held that the magistrate's denial of defendant's motion to suppress evidence of bags of marijuana and $50,000 found in defendant's vehicle during the inventory search was proper as the CHP officers' initial decision to remove the "brand new Mercedes" from the neighborhood known as a "high crime area" was reasonable under the Fourth Amendment. 

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