Robinson

This is a People’s appeal pursuant to Penal Code section 1238, subdivision (a)(7), from an order dismissing the charges in a prosecution for violation of Penal Code section 12021 (possession of concealable weapon by ex-felon) after the granting of defendant’s motion to suppress evidence.

At 3:40 p.m. on December 30, 1974, Deputy Sheriff Patrick Walsh observed defendant and two other male Negroes in an alley to the rear of 5950 Central. Two of them were carrying cups with a yellowish liquid, and the third was carrying a bottle in a paper sack. Deputy Walsh and his partner stopped their patrol car to warn the three of Los Angeles County Ordinance No. 4027, which prohibits the consumption of alcoholic beverages on public highways. He requested that the three men turn and place their hands on the hood of the patrol vehicle. Instead of doing so, defendant walked away at a rapid pace, and Deputy Walsh followed him. Defendant turned a corner then threw a pistol into a trash can. The pistol, which Deputy Walsh recovered, was the subject of the motion to suppress evidence.

The trial court granted the motion on the ground that the original detention was unlawful because the local…