Vermouth

People v. Vermouth

Good Law
1971 Cal. App. LEXIS 1218·20 Cal. App. 3d 746·98 Cal. Rptr. 65
Court of Appeal of CaliforniaOctober 21, 1971Crim. 4605California3,479 words

Opinion

Opinion

Whelan, J.

The People appeal from an order granting the motion of defendant Gary Phillip Vermouth to suppress, under Penal Code section 1538.5, certain evidence, and from an order dismissing all counts as to defendant David Alfred Neuhoff.

Defendants were charged jointly with possession of marijuana (Health & Saf. Code, § 11530), possession of marijuana for sale (Health & Saf. Code, § 11530.5), possession of a billy (Pen. Code, § 12020), and possession of paraphernalia for injecting restricted dangerous drugs (Health & Saf. Code, § 11915).

The trial court suppressed certain items of contraband found in the trunk of a vehicle, and in suitcases within the vehicle. Counts One, Two and Four of the information were dismissed against both Vermouth and Neuhoff by the court pursuant to Penal Code section 1385. The trial court further granted a motion under Penal Code section 995 in favor of defendant Neuhoff on count Three of the information, leaving only count Three (possession of a billy) pending against defendant Vermouth.

The motions were heard on the transcript of evidence taken at the preliminary hearing.

On August 4, 1970, at 3:30 a.m., Harry Arne Lee, Jr., a San Diego policeman…

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