People v. Nelson

The People appeal from an order dismissing an action against defendant Charles Nelson. The dismissal, ordered by the trial court on its own motion and in furtherance of justice, was made for the reason that defendant’s successful motion to suppress evidence pursuant to section 1538.5 left insufficient evidence to prosecute the action.

Defendant was charged in. a three-count information with three felony violations, all arising out of or occurring during the execution of a search warrant by police officers at his residence. Counts one and three respectively charged assault with a deadly weapon on a peace officer during which defendant personally used a pistol (§ 245, subd. (b); § 12022.5) and exhibiting a firearm in the presence of a peace officer (§ 417, subd. (b)). Count two charged possession for sale of a controlled substance, cocaine, while armed with a pistol (Health & Saf. Code, § 11351; § 12022, subd. (a)).

On June 11, 1980, following his preliminary examination and arraignment, defendant filed a section 1538.5 motion to suppress evidence on the ground that the officers executing the search warrant failed to comply with the knock-and-notice requirements of…