Kern v. Kern - Fourth Appellate District, Division Two Court of Appeal of California

Kern v. Kern

By Fourth Appellate District, Division Two Court of Appeal of California

  • Release Date - Published: 1968-04-18
  • Book Genre: Law
  • Author: Fourth Appellate District, Division Two Court of Appeal of California
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Kern v. Kern Fourth Appellate District, Division Two Court of Appeal of California read online review & book description:

In an opinion filed April 26, 1968 (Cal. App.) 68 Cal. Rptr. 71, this court affirmed an order admitting defendant to probation after his conviction by the court of possession of marijuana in violation of section 11530 of the Health and Safety Code. His conviction followed the denial of his motion to suppress evidence. Defendants contention that the evidence used against him was the result of an unlawful search was rejected in the face of testimony that occupants of the residence in which defendant resided had consented to a search of the premises by officers who were seeking a fugitive from justice. The opinion upheld the implied finding of the trial court, on conflicting evidence, that consent was given to the officers entry and overruled defendants assertions that the consent was invalid because "(1) it followed an illegal entry in the premises, (2) it was the result of confusion and intimidation by the police authorities, (3) it was not preceded by advice that the consent could be refused, (4) the prosecution failed to prove that the consenting persons had authority so to do, and (5) the consent in any event did not embrace the right to search a locked inner bathroom without the express consent of the defendant as the occupant of that room."

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