People v. Superior Court

Defendant was charged, in two counts, with assault on a peace officer, in violation of section 242 of the Penal Code, and with possession of a deadly weapon by an ex-convict, in violation of section 12021 of the Penal Code. He duly moved, pursuant to section 1538.5 of the Penal Code, to suppress as evidence against him an automatic weapon seized at the time of his arrest. After a hearing, the motion was granted. The People seek a writ of mandate directing the trial court to vacate that order and enter an order denying the motion. We issued our alternative writ; the matter has been briefed and argued. For the reasons set forth below, we grant the pétition for a peremptory writ.

In view of the issue as presented to us, we need not recite the evidence in

detail. Police officers were advised that a tall Negro man, wearing striped bell bottom trousers and a long leather, jacket had just purchased a gun at a Main Street pawn shop and was carrying it, concealed, in that vicinity. They drove down Main Street and saw defendant, dressed as described, standing in front of a barber shop. One officer testified that, from his vantage point on the police vehicle, he saw a box of…