Banks

People v. Banks

Good Law
1990 Cal. App. LEXIS 117·217 Cal. App. 3d 1358·266 Cal. Rptr. 574
Court of Appeal of CaliforniaFebruary 14, 1990B038931California2,084 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant pled no contest to a charge of possession of cocaine (Health & Saf. Code, § 11360) after the denial of his motion to suppress the contraband pursuant to Penal Code section 1538.5. On September 19, 1988, defendant received a two-year state prison sentence and filed a notice of appeal on September 28, 1988. The correctness of the trial court’s order denying the motion to suppress evidence pursuant to Penal Code section 1538.5 is the sole issue raised on appeal. Because the motion was correctly denied, the judgment is affirmed.

II. Suppression Motion Evidence

It was stipulated between the parties that there was no arrest or search warrant. Two witnesses testified for the prosecution. First, Long Beach Police Officer Michael Dugan testified that on March 2, 1988, he was assigned to the “Metro detail.” For several weeks prior to March 2, Long Beach police officers had been “working” an apartment complex at 241 East Artesia because there had been numerous citizens’ “complaints regarding narcotics traffic, coming from the . . . complex.” On the night prior to defendant’s arrest, Officer Dugan had made other narcotics arrests at the building. Ten or…

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