Hamilton

The People appeal from an order of the municipal court granting the defendant's motion pursuant to Penal Code section 1538.5 to suppress blood-alcohol-test results. [1] The lower court granted the motion on the ground that the defendant was not lawfully detained because the Clovis City police officer who stopped him was outside the territorial jurisdiction of the Clovis City Police Department at the time the officer made the observations giving rise to the detention and arrest.

On May 20, 1985, the Clovis City Police Officer Luis Duran was on routine patrol on Ashlan Avenue just west of Clovis Avenue in the City of Fresno. Officer Duran was outside his territorial jurisdiction because he was on his way to the Clovis City yard to obtain gas for his vehicle. He observed defendant make a "wide" right hand turn eastbound onto Ashlan Avenue. All four wheels of the defendant's vehicle went over the double yellow lines into the westbound lane.

The officer believed that a Vehicle Code infraction (§ 21460 [failure to drive on the right hand side of the road]) had occurred. He activated his red light and pulled the defendant over. The officer testified in the lower…