Read People v. Jahansson, H034446

In a prosecution of a defendant for felony drug related offenses, trial court's grant of defendant's motion to suppress evidence, resulting in dismissal of the case under section 1385 is affirmed where: 1) summary denial of the People's writ of petition challenging a suppression order does not preclude a subsequent appeal from a dismissal order based on that suppression order; 2) under the circumstances of this case, the defendant's initial detention outside the premises to be searched was lawful incident to the probation search of the premises; but 3) defendant's continued detention in handcuffs was not reasonable under the Fourth Amendment.

Appellate Information

• Decided 10/15/2010
• Published 10/15/2010

Judges

• BAMATTRE-MANOUKIAN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dolores A. Carr, Scott D. Handleman