California v. Lopez
| Docket Number | C080065 |
| Decision Date | 11 March 2020 |
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4 cases
- Victrola 89, LLC v. Jaman Props. 8 LLC
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State v. Prado
...constitutional question of whether a suspect gave actual consent for the state-administered testing"); People v. Lopez , 46 Cal. App. 5th 317, 326, 260 Cal. Rptr. 3d 18 (Ct. App. 2020) (noting that California's implied consent law "is explicitly designed to allow the driver ... to make the ......
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People v. Pastor
...consequences of refusing a chemical test in accordance with California's implied consent law." (Italics added.) (See, e.g., People v. Lopez (2020) 46 Cal.App.5th 317 [no coercion—i.e., voluntary consent—based on substantial evidence review of trial court's findings on the totality of circum......
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People v. Booth
...[are] not entitled to have an attorney present when [they] decide[] whether to take the test or during the test." (People v. Lopez (2020) 46 Cal.App.5th 317, 326 (Lopez).) The concept of implied consent "is a source of confusion" because it conflates an automated, assumed consent based on "......
5 books & journal articles
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Table of Cases null
...1988)—Ch. 1, §4.8.4(3) People v. Lopez, 65 Cal. App. 5th 484, 279 Cal. Rptr. 3d 892 (2d Dist. 2021)—Ch 1, §2.2.1 People v. Lopez, 46 Cal. App. 5th 317, 260 Cal. Rptr. 3d 18 (3d Dist. 2020)—Ch. 1, §4.13.7(1)(b); Ch. 5-A, §3.1.2(1) (b); §3.3.1(1)(b); B, §1 People v. Lopez, 8 Cal. 5th 353, 255......
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Chapter 1 - §4. Relevance of specific evidence
...of alcohol. Veh. C. §23612(a)(1); White v. DMV (2d Dist.2011) 196 Cal.App.4th 794, 798 & n.2; see People v. Lopez (3d Dist.2020) 46 Cal.App.5th 317, 325. Refusal to submit to chemical testing is relevant and admissible as circumstantial evidence of the defendant's consciousness of guilt. Se......
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Chapter 5 - §3. Exceptions to warrant requirement
...dashboard camera); In re Elizabeth G. (6th Dist.2001) 88 Cal.App.4th 496, 505 (murder weapon). But see People v. Lopez (3d Dist.2020) 46 Cal.App.5th 317, 324 (fact that alcohol dissipates naturally does not by itself justify warrantless blood test under exigent-circumstances exception). For......
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Search and seizure
...was no indication in the record of what kind of admonition, if any, led to the PAS testing). More recently, People v. Lopez (2020) 46 Cal.App.5th 317 found lawful consent where the officer advised the arrestee, whom he suspected of being under the influence of a drug, that he was required t......
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