Spratt

People v. Spratt

Good Law
104 Cal. App. 3d 562·164 Cal. Rptr. 78·1980 Cal. App. LEXIS 1705
Court of Appeal of CaliforniaApril 14, 1980Crim. 35520California1,619 words

Opinion

Opinion

Woods, J.

Defendant has appealed from his conviction for violation of Health and Safety Code section 11351, possession for sale of a controlled substance, cocaine.

Appellant filed notice of motion to suppress evidence pursuant to Penal Code section 1538.5. This motion was argued and denied.

Defendant pled guilty and was sentenced to three years formal probation on condition that he spend one year in the county jail. A stay of execution was granted pending the outcome of this appeal. Appellant raises the following contention on appeal:

That the officers conducted a warrantless search of the defendant and seizure of his property without probable or reasonable cause in violation of his Fourth Amendment rights, and therefore his section 1538.5 motion to suppress the evidence thus obtained should have been granted.

Summary of the Facts

On January 13, 1978, Officer Hill of the Long Beach Police Department received information from an unidentified informant that a person known as June Bug was involved in the selling of narcotics at 2691 San Francisco Street in Long Beach. This information was communicated to Officer Scholtz, who was then investigating a person of that name. Officer…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.