Menifee

On the People’s appeal from an order of dismissal following the suppression of evidence, we must determine whether substantial evidence exists to support the trial court’s findings that the evidence seized was abandoned as a result of the threat of an illegal detention. We conclude the findings are adequately supported and the order granting suppression was proper; we affirm.

Facts

On the afternoon of July 31, 1978, undercover narcotics officers Marr and Bosshard were walking down Jennings Street toward Fitzger aid Street, an area of known narcotics activity. Officer Marr saw defendants Menifee and Curry walk around the corner of Fitzgerald and Jennings heading in his direction. When the defendants saw Officer Marr, whom they knew, they abruptly turned and walked in the opposite direction with Officer Marr in brisk pursuit. As the defendants reached the corner, Menifee tossed a black pouch into a trash can while Curry continued several feet farther entering a liquor store where he placed a brown pouch on one of the shelves. Officer Marr retrieved the black pouch from the trash can and promptly detained Menifee. Curry’s actions had been observed by a third officer…