San Diego Criminal Lawyers Blog
On July 5, 2016, defendant David Ramirez of Yolo County, California filed a motion to suppress evidence pursuant to CA Penal Code § 1538.5 through his attorney. Mr. Ramirez is charged with possessing a controlled substance and drug paraphernalia, both of which he has claimed was discovered during an illegal traffic stop. Back in January of 2016, Mr. Ramirez was a passenger in a car that was stopped for a cracked rear taillight. The deputies allegedly questioned all the passengers including Mr. Ramirez, and they were asked to be detained for a pat-down (frisk) search. The driver and front seat passenger consented and were searched, and nothing was found.
Mr. Ramirez however, did not consent to the search (and was well within his rights not to consent). The police further pushed and allegedly stated they were only looking for weapons. After Mr. Ramirez consented, the police then reportedly found a meth pipe, which was seized. Mr. Ramirez has argued that his search was unlawful, and the evidence resulting from the search must be suppressed under the “fruit of the poisonous tree” doctrine, as detailed in People v. Williams (1988).
When Does the Exclusionary Rule Apply?