California Court of Appeal

Where the local ordinance, pursuant to which officers arrested the defendant, was preempted by state law, the defendant's motion to set aside information charging her with possession for sale of drugs found as incident to her arrest was properly set aside, even if officers in good faith believed ordinance was valid.

Appellate Information

• Decided 03/21/2002
• Published 03/21/2002

Judges

• POLLAK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Christopher W. Grove and Juliet B. Haley, Deputy Attorneys General, Counsel for plaintiff and appellant.


• For Appellees:
  
• Kathleen Kahn, San Francisco, under appointment by the Court of Appeal, Counsel for defendant and respondent.