6DCA Oral Argument - 2026/04/07 Morning Session - Apr 07, 2026

argument

6DCA Oral Argument - 2026/04/07 Morning Session

California Sixth District Court of Appeal 1h 5m 8 chapters transcribed 10 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What procedural announcements does the court make at the start of the oral arguments?

Nick Militak 1:14

That's what

Unknown 1:16

That's good.

Nick Militak 3:09

All right, the Court of Appeal for the district is not a session. Does that any justice to the honor? the honorable Alice then banner or does this book have the honorable

Unknown 3:25

Please be seated and welcome to the Sixth District Court of Appeal for oral argument this morning. We have two matters on calendar and we will take them in order. There will be uh a partial panel change between the first and second cases. Um before we start, I would like to make a couple of announcements regarding technology. Um Uh we are um Pleased to offer the possibility of remote appearances to self-represented litigants and attorneys who wish to. Do so. That's not happening in the first case. Um, but for those of you who are sitting in the audience, you will be able to hear everything that's happening. But you won't have a visual. If you're participating at council table and for those of us up on the bench, we have devices and we're able to see and hear.

Unknown 4:15

If you want the visual and the audio experience this morning. You're welcome to step into our waiting room where we have live streaming. Um after oral argument we post oral argument on our website where you would be able to both see and hear everything and all oral argument is archived there. Um secondly in terms of technology, um as you can see the justices have laptops here at the bench. If you see us looking over, we have the briefs, we have the records, we have our own notes, um, and so um you might see that happening this morning. Give me just a minute to get connected and we will start the calendar.

Unknown 5:24

First matter on calendars H O five three zero two seven. In Ray N D a person coming under the juvenile court law. the people plaintiff and respondent versus N D defendant and appellant. Um let me first Um have appellant council um State your appearance for the record and confirm your time estimate. And I'm gonna ask counsel to come to the podium because we record everything from there.

Marin McEwan 5:51

Uh good morning, Your Honors, Marin McEwan for Appellant. Um I believe I've got about twelve minutes for um the first part and then three minutes for rebuttal, please. All right, thank you very

Unknown 5:59

much. And we understand that we have a certified law student this morning. Um arguing from the Attorney General's office, so we'll have both of you state your appearances, please.

Jiu Sung Yi 6:11

Thank you, Honor. Um Jiu Sung Yi, certified law student under supervision of Deputy Attorney General Jalen Pegueira.

Unknown 6:19

Who is also sitting at council table, do you want to appear? Good morning, Your Honor. May I please the court, Jolympigara Correspondent. All right. And Mr. Ye, just to confirm, fifteen minutes for uh your argument. Yes. All right. Thank you very much, Ms. McEwen.

Marin McEwan 6:39

Good morning, your honours. Uh this case presents the question of to what degree the instincts and motivation of a police trained drug sniffing dog acting at the direction of its police handler. Can absolve the government when that dog then enters the constitutionally protected space of the defendant's car. In this case, the appellant was pulled over for minor traffic violations. He was asked to step out from the car. Police dog Chico was brought by his handler, Officer Mitchell, and they began the search at the rear bumper of appellant's car. And the dog was on a leash, the handler was holding onto the leash, and the dog walked down. The length of the car passed by the appellants open window and actually peeled away from the car a little bit, kind of towards the garage, kind of back around to the other side, perhaps, of the car.

Marin McEwan 7:23

And um Officer Mitchell directed the dog back to the front driver's side of the wind of the car right under the open window and the dog immediately jumped into the car. So this the respondents argued.

Unknown 7:39

Sorry, what was

Marin McEwan 7:39

that?

Unknown 7:39

With enthusiasm. With enthusiasm. With enthusiasm, he did. He did. If you've seen the video, he was quite If you've seen the video, we watched it was

Marin McEwan 7:43

quite enthusiastic from uh start to finish. And um so the question really is, you know, is this the sort of at the outset is whether this is a search at all.