Miles

People v. Miles

Good Law
196 Cal. App. 3d 612·1987 Cal. App. LEXIS 2356·242 Cal. Rptr. 107
Court of Appeal of CaliforniaNovember 24, 1987A036874California1,922 words

Opinion

Opinion

Anderson, J.

Appellant was charged with possession of cocaine (Health & Saf. Code, § 11350) and with possession of a firearm (Pen. Code, § 12021). The trial court denied appellant’s motion' to suppress evidence pursuant to section 1538.5. Following the trial court’s denial of his section 1538.5 motion, appellant pled no contest to possession of cocaine (Health & Saf. Code, § 11350) and the court found appellant guilty of that offense. The trial court dismissed the firearm charge. We affirm.

Statement of Facts

At approximately 3 p.m., Officers Fisher and Risby received a police radio broadcast relaying information phoned in by an Oakland Taco Bell manager. The broadcast “indicated that several persons were walking around the Taco Bell [parking lot] . . . acting very suspicious and looking into the restaurant.” The “people” were reported to be “throughout the parking lot” and “by a green Toyota . . . and a brown Chevrolet].” The broadcast apparently also stated that the Taco Bell manager was worried about the people because of a recent shooting in the parking lot.

The officers arrived at the Taco Bell parking lot in “no more than a minute or so.” Upon their arrival, Officer Fisher…

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