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PEOPLE v. BATES

No. H037910.

222 Cal.App.4th 60 (2013)

165 Cal. Rptr. 3d 573

THE PEOPLE, Plaintiff and Respondent, v. MARCUS TAYLOR BATES, Defendant and Appellant.

Court of Appeals of California, Sixth District.

December 12, 2013.

Attorney(s) appearing for the Case

Matthew T. Bogosian , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, René A. Chacón , Laurence K. Sullivan and John Michael Chamberlain , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GROVER, J. —

In this appeal we conclude that the unlawfulness of a suspicionless vehicle detention is not retroactively cured when one of the passengers turns out to be a probationer with a search condition.

Defendant Marcus Taylor Bates pleaded no contest to felony grand theft from a person (Pen. Code, § 487, subd. (c)) after he unsuccessfully moved to suppress evidence resulting from a traffic stop.

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