Lara

Defendant Robert Lara was charged with possessing heroin while a prisoner in the Los Angeles County jail in violation of Penal Code section 4573.6. As authorized by subdivision (a)(7) of Penal Code section 1238, the People appeal from the trial court’s order dismissing the action following the grant of defendant’s motion to suppress evidence.

The facts are not in issue since the trial court expressly rejected the defense evidence and credited the testimony of the People’s witnesses. It granted defendant’s motion to suppress only because it believed it was compelled to do so notwithstanding its announced conclusion “that what the officer did was reasonable.” The court further stated that if it had the power to do so it would declare the challenged search and seizure constitutional because it believed that it is “only unreasonable searches that are prohibited by the Constitution, but I don’t think I have that option.”

The court’s understanding of both the federal and California Constitutions is correct; only its conclusion that the holding of the court in People v. Allen (1978) 86 Cal.App.3d 948 [ 150 Cal.Rptr. 568 ], is to the contrary was mistaken. At least we trust…