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Cal.3d: Probation misrepresenting ID estops contesting probation search

By John Wesley Hall, Jr.

"Because defendant's wrongdoing in concealing his search condition from the officer by misrepresenting his identity estops him from contesting the search's validity as a probation search, we do not reach the question whether it was also a valid search incident to arrest." People v. Watkins, 2009 Cal. App. LEXIS 155 (3d Dist. February 9, 2009): The equitable principle “No one can take advantage of his own wrong” (Civ. Code, § 3517) applies in criminal law (People v. Concepcion (2008) 45 Cal.4th 77, 82 [84 Cal. Rptr. 3d 418, 193 P.3d 1172] (Concepcion); People v. Pearson (2008) 165 Cal.App.4th 740, 742 [81 Cal. Rptr. 3d 234] (Pearson)). Thus, a criminal defendant who obtains a benefit in a judicial proceeding by intentionally concealing key information about his case is estopped to argue, when that information comes to light, that the court cannot use it against him...continue to full post

Full post as published by Fourth Amendment on February 11, 2009 (boomark / email).