People v. Williams

Bourbon’s Nose Knows, or the Case of Bourbon’s Bust

The People appeal an order dismissing their action on the court’s own motion (Pen. Code, § 1385) following the suppression of evidence (Pen. Code, § 1538.5).

As is often necessary to say for the benefit of an appellant, we recite the evidence most favorably in support of the trial court’s order to suppress, and follow the well-established rule, recently reiterated in People v. Superior Court [Keithley], 13 Cal.3d 406, 410 [ 118 Cal.Rptr. 617 , 530 P.2d 585 ]: “A proceeding under section 1538.5 to suppress evidence is a full hearing on the issues before the superior court sitting as a finder of fact. [Citations.] The power to judge credibility of witnesses, resolve conflicts in testimony, weigh evidence and draw factual inferences, is vested in the trial court. On appeal all presumptions favor proper exercise of that power, and the trial court’s findings—whether express or implied—must be upheld if supported by substantial evidence. [Citations.]”

On June 6, 1974, Arlis Lee Nash was in the United States Navy, working as a member of its narcotics addiction team in marijuana detection. He was assisted by his dog Bourbon.…