People v. Superior Court (Brown)

This case is before us on petition for writ of mandate brought by the People pursuant to section 1538.5, subdivision (o), Penal Code, subsequent to order granting defendant’s motion to suppress evidence (§ 1538.5, Pen. Code). The felony case against defendant is still pending before the superior court not having been dismissed under section 1385, Penal Code, thus writ of mandate is a proper remedy.

Defendant was charged by information with a violation of section 12021, Penal Code (possession of a firearm by one convicted of a felony). He moved to suppress a black holster and a .25 caliber gun on the ground there was no probable cause to detain him. The motion was heard de novo; only one witness, Officer Vanderwal testified; his testimony is undisputed and the trial court did not question the credibility of the witness. Thus, the issue whether the holster and gun are admissible is one of law. (People v. Superior Court (Mahle) (1970) 3 Cal.App.3d 476, 488 [ 83 Cal.Rptr. 771 ].) The trial court found there was no probable cause to stop defendant and even if there was, “under the doctrine of People v. Longwill, 14 Cal.3d 943 , there was no probable cause to make a patdown…