May

People v. May

Good Law
109 Cal. Rptr. 396·1973 Cal. App. LEXIS 944·33 Cal. App. 3d 888
Court of Appeal of CaliforniaAugust 7, 1973Crim. 22650California1,257 words

Opinion

Opinion

Ashby, J.

Defendant was charged in count I of an information with violating the Dangerous Weapons’ Control Law (Pen. Code, § 12021) and in count II with possession of benzedrine (Health & Saf. Code, § 11910). His motion to suppress evidence (Pen. Code, § 1538.5) was granted and the court ordered the information dismissed. (Pen. Code, § 1385.) This appeal by the People followed. (Pen. Code, § 1238, subd. (a)(7).)

The evidence adduced at the hearing on the motion to suppress was as follows: Officer Finn of the Torrance Police Department was on patrol at 11 a.m., March 1, 1972, when he observed defendant walking along an alley in a high crime rate area. Defendant had a bulge in his right rear pants pocket. The bulge was four or five inches long and fairly narrow. The top of the object making the bulge was silver. The officer had seen handguns with silver finishes on several occasions. He concluded that there was a possibility that the object in defendant’s pocket was a handgun. Finn stopped his patrol car, approached defendant and asked him for identification. Defendant produced his social security card and another piece of identification from his wallet which was in his left rear…

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