Hannah

People v. Hannah

Good Law
1996 Cal. App. LEXIS 1210·51 Cal. App. 4th 1335·59 Cal. Rptr. 2d 806·97 Daily Journal DAR 17·97 Cal. Daily Op. Serv. 18
Court of Appeal of CaliforniaDecember 30, 1996F024880California4,409 words

Opinion

Opinion

Wiseman, J.

Terry Odell Hannah (defendant) challenges the denial of his motion to suppress evidence claiming he was unlawfully detained while merely visiting at a residence during service of an arrest warrant on a juvenile. Defendant and another person were asked by one officer to remain seated while other officers searched for the subject of the arrest warrant. While the search was conducted, defendant was asked who he was, and about his relationship to the juvenile named in the arrest warrant. The officer observed his pupils were dilated, and investigated further, ultimately leading to defendant’s arrest for drug possession and assault on a peace officer. Based on the totality of the circumstances, we conclude defendant’s detention was lawful.

Procedural History

An information was filed on August 2, 1985, charging defendant with one count of possession of a controlled substance: cocaine (Health & Saf. Code, § 11350), and two counts of assault on a peace officer in the performance of his duty (Pen. Code, § 243, subd. (c)). It was further alleged defendant had suffered three prior felony convictions, two for burglary (§ 459) and one for unlawful possession of a firearm by an…

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