Court Rules (Print)
The automobile contained three occupants, none of whom possessed a valid driver’s license. In addition, the driver had several outstanding warrants for her arrest. After obtaining the driving force’s consent to look the car, a again-up officer asked the passengers to exit the vehicle. Upon exiting the automobile, the front-seat passenger consented to a Terry frisk. The officer then asked the back-seat passenger, Tommy Gurule, for consent to search him.
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Lori then requested the City to return the weapons; nonetheless, the City denied her request. One month later, the City of San Jose filed a petition in California state court docket in search of an order of forfeiture under California legislation primarily based on a determination that the guns’ return would likely endanger Edward or others.
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