Pereira

The People appeal from the dismissal of charges against defendant Gilberto Perez Pereira following the granting of defendant’s motion to suppress evidence. The court suppressed evidence found as the result of a warrantless search of the contents of a package defendant mailed using a false name. The Attorney General contends that defendant’s use of a fictitious name forfeited any legitimate expectation of privacy and necessarily constituted an abandonment of the package. We conclude' that whether a person abandons property mailed under a fictitious name is á question of fact and that there is substantial evidence to support the trial court’s finding that defendant did not abandon the package in this case. We therefore shall affirm.

Facts and Procedural History

Defendant was first charged with offenses evidenced by the seized materials in a prior action that was dismissed after the trial court granted defendant’s motion to suppress, pursuant to Penal Code section 1538.5. The district attorney refiled the charges and following defendant’s waiver of a preliminary hearing an information was filed charging defendant with transporting methamphetamine (Health & Saf. Code, §…