Barrett

People v. Barrett

Good Law
2 Cal. App. 3d 142·82 Cal. Rptr. 424
Court of Appeal of CaliforniaNovember 26, 19695355California2,129 words

Opinion

Opinion

On rehearing. In this case the three defendants moved successfully to set aside the information, claiming that at the preliminary examination the prosecution failed to establish probable cause for an arrest and search which revealed marijuana and hashish in the wheel well of their automobile, hence that the search violated the Fourth Amendment. The People appeal.

The information leading to defendants' arrest and the search of their car was supplied to Police Officer Ricketts by 16-year-old Ronald. At the preliminary examination Ronald testified that he was standing near a store when defendants drove up and asked if he wanted to buy "hash" or opium. One defendant took off the car's right rear hub cap and displayed a bag in the wheel well. Ronald indicated lack of interest and defendants drove away. Soon after Ronald approached Officer Ricketts as he sat in his patrol car and told him of the incident. Ricketts testified that he had known Ronald "quite well" for about two and one-half months. Ricketts himself had noticed the three defendants and their brown Chevrolet earlier that day. After receiving the information from Ronald, Ricketts notified the sheriff's…

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