Bouser

People v. Bouser

Good Law
1994 Cal. App. LEXIS 750·26 Cal. App. 4th 1280·32 Cal. Rptr. 2d 163·94 Daily Journal DAR 10156·94 Cal. Daily Op. Serv. 5565
Court of Appeal of CaliforniaJuly 20, 1994G013837California4,025 words

Opinion

Opinion

Sonenshine, J.

— Following the denial of his Penal Code section 1538.5 motion, John Michael Bouser pleaded guilty to unlawfully possessing tar heroin (Health & Saf. Code, § 11350, subd. (a)). We find the heroin was legally seized and affirm the judgment.

I

One afternoon, Santa Ana Police Officer Brad Sadler saw Bouser in an alley known for drug dealing. Bouser was standing near a dumpster and appeared to be looking for something. When he saw Sadler, Bouser became nervous and began walking in the opposite direction.

Sadler stopped his patrol car approximately four feet behind Bouser. He then walked-towards Bouser and asked him something like, “Hey, how you doing? You mind if we talk?” Sadler did not think he had sufficient cause to detain Bouser at this point. He simply wanted to investigate the situation. Bouser stopped and agreed to talk to the officer.

Sadler asked Bouser general information questions, such as his name, date of birth, and prior arrest history. He also asked Bouser what he was doing in the alley. Bouser said he had been visiting a friend in a nearby apartment complex, but he could not provide his friend’s address. Sadler replied, “Well, if you’ve just been visiting…

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