Collins

In this case, we hold that the trial court erred in failing to suppress evidence where the prosecutor, after proper Harvey- Madden objection, failed adequately to establish the existence of the warrants on which appellant Sidney Collins was arrested. As a result of this conclusion, appellant’s other contention on appeal, concerning his restitution fine, is moot.

Facts and Procedural History

On June 27, 1995, Bakersfield Police Officer Matthew Hilliard made contact with appellant as Hilliard was investigating an automobile theft. In a consensual encounter in the driveway of a home, Hilliard asked appellant his name and a few questions about a suspect in the auto theft. Appellant identified himself as Ronald Pierce.

Hilliard left appellant in the driveway while he went to the door of the home in search of the suspect. As he walked, Hilliard spoke by radio to his dispatcher, asking for a warrant check on Ronald Pierce. Unsuccessful in locating his original suspect, Hilliard returned to appellant. As he did so, the dispatcher told him there were two outstanding misdemeanor arrest warrants for Ronald Pierce.

Hilliard handcuffed appellant and searched him for…