Jones

In an information filed in the Superior Court of Alameda County on March 1, 1988, respondent Michael Wayne Jones was charged with possession of a controlled substance in violation of Health and Safety Code section 11350. After respondent's motion to suppress evidence pursuant to Penal Code section 1538.5 was granted on April 8, 1988, the case was dismissed by the trial court for lack of evidence. This appeal was filed by the People. The facts pertinent to the single issue before us — whether excessive force was used upon respondent — are as follows.

On October 12, 1987, Officer Brian McColgin of the Oakland Police Department's Drug Task Force, was engaged in "a narcotics surveillance at 1408 67th Avenue" in Oakland. The officer was familiar with the "area of very high narcotic activity," where he had made "20 to 30" arrests within the past three years. Three days before, he had made four arrests for possession of heroin. The officer observed each of these recent arrestees ascend the stairs at 1408 67th Avenue to the second floor, stay for approximately one minute, then leave the premises, whereupon each was found to be in possession of a tied toy balloon of…