Hayes V. Wells Affirmative Hearing

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Procedural History: At the suppression hearing, Hayes said he asked Macabeo basic questions that he would normally ask on a stop. He thought the defendant was acting fidgety so he conducted a patdown which did not reveal anything suspicious. He removed his cell phone out of his pocket and handed it to Officer Raymond. Raymond searched the phone without consent from the defendant. He did not find any suspicious texts but did find images of under aged girls in the defendant's picture folder and he was arrested for possession of the photos under violation of Penal Code section 311,11, subdivision (a). Hayes claimed that he made the decision to search the defendant based on the information given by the defendant stating he was on probation
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