Bonds

People v. Bonds

Good Law
1999 Cal. App. LEXIS 194·70 Cal. App. 4th 732·83 Cal. Rptr. 2d 10
Court of Appeal of CaliforniaFebruary 4, 1999A082163California3,628 words

Opinion

Opinion

Haerle, J.

I. Introduction

Pursuant to Penal Code section 1238, subdivision (a)(7), the People appeal from an order dismissing the action against defendant and appellant Charles Marshal Bonds after the superior court granted Bonds’s pretrial motion to quash a search warrant and suppress evidence. (Pen. Code, § 1538.5.) After searching Bonds’s house, the police seized over $65,000 in cash, approximately 250 grams of cocaine powder, a little over 5 grams of cocaine base, and almost 330 grams of marijuana. Scales, packaging material and other evidence of narcotics sales were also seized. Bonds was charged by indictment with possession for sale of rock cocaine (Health & Saf. Code, § 11351.5); possession for sale of cocaine (Health & Saf. Code, § 11351); and possession for sale of marijuana (Health & Saf. Code, § 11359).

Although Bonds argues that the motion dismissing this action is not appealable, we do not find this position persuasive and, therefore, address the merits of this appeal. The People contend that the trial court should not have granted Bonds’s motion to suppress because (1) there was sufficient probable cause to justify issuance of the warrant and, (2) even in the…

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