[DOWNLOAD] "Rose v. City of Coalinga" by Fifth Appellate District Court of Appeal of California * eBook PDF Kindle ePub Free
eBook details
- Title: Rose v. City of Coalinga
- Author : Fifth Appellate District Court of Appeal of California
- Release Date : January 10, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant was charged with possession of heroin for sale. At the preliminary hearing he moved to suppress heroin-filled balloons which had been seized from his person. The magistrate found that the balloons had been properly seized following a detention and pat-search under Terry v. Ohio (1968) 392 U.S. 1 [20 L.Ed.2d 889, 88 S.Ct. 1868]. However, the superior court granted defendants motion under Penal Code section 995 to set aside the information on the ground that the evidence should have been suppressed. We hold that the magistrates ruling is sustainable, and that the superior court erred in setting aside the information.