P. v. Votino
Nevada County law enforcement officers followed a minivan believing the driver was the registered owner of the vehicle, who was on searchable probation. Instead, the driver was defendant Chris Votino, Jr. Defendant gave one of the officers permission to get his drivers license out of his truck (parked in front of the minivan) to confirm his identity. Upon learning defendant was driving the minivan with a suspended license, the officers asked him for permission to search him and the minivan. Defendant consented to both requests and officers found methamphetamine and cocaine on him.
Defendant filed a motion to suppress, claiming the evidence seized was the fruit of an illegal detention, arrest, and search. The trial court denied his motion, and he pled no contest to possession of methamphetamine and received Proposition 36 probation.
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