Ross

People v. Ross

Bad Law
1990 Cal. App. LEXIS 102·217 Cal. App. 3d 879·265 Cal. Rptr. 921
Court of Appeal of CaliforniaJanuary 31, 1990A045924California2,310 words

Opinion

Opinion

Haning, J.

Elan Ross appeals her conviction by plea of nolo contendere to possession of cocaine. (Health & Saf. Code, § 11350, subd. (a).) She was placed on three years probation, subject to serving ninety days in jail and paying restitution fines. She contends the trial court erred in denying her motion to suppress evidence (Pen. Code, § 1538.5), and that the imposition of restitution fines was improper.

Facts

On the evening of September 30, 1988, Vallejo Police Officer Nathan Ketchum was patrolling the 800 block of Grant Street. He was aware of a letter sent by the landlord of an apartment complex on that block to his tenants stating that loitering by visitors was prohibited. “No Trespassing” signs were posted on the exterior of the buildings. Ketchum’s nightly routine was to patrol the area, contact people he did not recognize as tenants, find out if they were visiting someone and, if they were not, instruct them to move on.

Ketchum observed a group of four or six people standing in front of the complex. He recognized two of them as residents. With the exception of appellant, whom he did not recognize, the others in the group walked away as Ketchum approached. Ketchum asked…

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