McCluskey

The People appeal from an order of dismissal (Pen. Code, § 1385) challenging defendants’ successful section 1538.5 motion. The issue is whether the officer had sufficient justification to stop and detain the defendants. As we will explain, we conclude the stop and detention were constitutionally reasonable and accordingly we reverse the order dismissing the information and direct the trial court to set aside the order suppressing evidence.

Factual Background

Shortly before 1 a.m. on October 26, 1980, a male entered Lavicio’s in Vista, pulled out a handgun and stated, “This is a hold-up.” He took the cash drawer, $41.35, four packs of Camels, a twelve-pack of beer, two bags of potato chips and some food stamps. Goggin, the clerk, im mediately called the sheriffs department, giving the following description of the man who robbed him: about 5 feet 10 inches tall, brown hair with center part, mustache, between 19 and 21 years old, blue jacket, Chicano. Goggin also told the sheriffs department he saw the suspect leave the store and walk around the building up Palomar Place.

At about 12:53 a.m., Deputy Olsen received a radio dispatch reporting a robbery had just occurred at…