Opinion

People v. Bennett

  • 17 Cal. 4th 373
  • 98 Daily Journal DAR 1155
  • 70 Cal. Rptr. 2d 850
  • 949 P.2d 947
  • 98 Cal. Daily Op. Serv. 863
Court
California Supreme Court
Filed
Feb 2, 1998
Status
Published
Author
Werdegar
On the bench
Kennard, Brown
Cited by
59 cases
Authority
More cited than 5.6%

The opinion

*393 WERDEGAR, J.

I concur in the majority opinion. I agree, as the majority states, that Segura v. United States (1984) 468 U.S. 796 [ 104 S.Ct. 3380 , 82 L.Ed.2d 599 ] is dispositive. Because Segura is dispositive, the majority’s discussion of the further question, whether an 18-hour seizure of defendant’s motel room, based only on reasonable suspicion, was a violation of the Fourth Amendment, is unnecessary. Principles of judicial restraint counsel that we not reach out. to decide gratuitously constitutional questions of first impression. Sound jurisprudence dictates that such issues be decided only in the context of cases and controversies actually raising the issue. I would await such a case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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