People v. Teale

California Supreme Court

Decided February 25, 1969

California Supreme Court · decided 1969-02-25

Relies on Preston v. United States · Cooper v. State of California · 66 Cal. 2d 107 - People v. Webb

Good law ✅— No negative treatment on recordhow we know

Decided 1969-02-25

How this case has been cited

Cited by 172 later decisions — most recently February 2013 · most notably 1 Cal. 3d 694 - People v. Floyd (1970), 3 Cal. 3d 421 - People v. Reilly (1970)

4 federal appellate · 168 state decisions — followed in 10 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PETERS, J.

¶1I concur in the affirmance of the judgment relating to guilt. I do so reluctantly because I think that under the rules laid down in Preston v. United States, 376 U.S. 364 [11 L.Ed.2d 777, 84 S.Ct. 881], the search and examination of the automobile were illegal. But as I have already pointed out in my concurring opinion in People v. Webb, 66 Cal.2d 107, 128 [56 Cal.Rptr. 902, 424 P.2d 342], the Prestonease has, in effect, been overruled by the majority rule adopted in Cooper v. California, 386 U.S. 58 [17 L.Ed.2d 730, 87 S.Ct. 788]. Solely by compulsion of the rule laid down in that ease, I agree that the rule of Prestonis not applicable.

¶2I also concur in that portion of the majority opinion reversing the judgment insofar as the penalty is concerned.