California v. Moore
Annotate this CasePrior to entering into the plea, the trial court denied defendant Jemondre Moore’s motion to suppress evidence found during a search of defendant’s backpack, which he left on the front passenger’s side floorboard of a friend’s Jeep. The backpack was searched during a search of the Jeep pursuant to the automobile exception to the warrant requirement. The trial court concluded this exception authorized the search because the officer who conducted the search had probable cause to believe the Jeep contained an unlawful amount of marijuana. Pursuant to a negotiated plea agreement, defendant entered a plea of no contest to one count of possession of a firearm by a convicted felon, and admitted he was previously convicted of a strike offense within the meaning of the three strikes law, and served a prior prison term. The remaining count, charging defendant with possession of marijuana for sale, and additional enhancement allegations were dismissed. Defendant was sentenced to serve five years in state prison. The Court of Appeal concluded the search was reasonable under the automobile exception to the warrant requirement, and affirmed judgment on that basis.
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