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Criminal

May 4, 2021

Court upholds Terry stop and frisk, prompting strong dissent

Flores is a disappointing result for the defense bar, who might have reasonably concluded that a suspect who simply ducks and fails to rise in response to police contact has not done anything suspicious, let alone suspicious enough to trigger a warrantless pat down search.

Dmitry Gorin

Partner
Eisner Gorin LLP

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Alan Eisner

Partner
Eisner Gorin LLP

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Robert Hill

Associate
Eisner Gorin LLP

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The 2nd District Court of Appeal recently upheld defendant Marlon Flores' conviction for carrying a loaded, unregistered handgun in violation of California Penal Code Section 25850(a). People v. Flores, 2021 DJDAR 3776 (April 26, 2021).

Flores entered a no contest plea to the charge, but appealed the trial court's denial of his motion t...

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