Jordan

People v. Jordan

Good Law
121 Cal. App. 4th 544·17 Cal. Rptr. 3d 157·2004 Cal. App. LEXIS 1305·2004 Daily Journal DAR 9854·2004 WL 1775759
Court of Appeal of CaliforniaAugust 10, 2004F043779California7,424 words

Opinion

Opinion

Dawson, J.

Ricky Lawrence Jordan appeals from a judgment entered following his conviction by jury of possession of a firearm by a violent felon. (Pen. Code, § 12021.1, subd. (a).) Appellant contends that the superior court erred by denying his Penal Code section 1538.5 motion to suppress a handgun and statements obtained as the result of a Terry stop and frisk initiated after the police received an anonymous 911 telephone tip. Appellant argues that (1) his parole search condition, which was not known to the officers at the time of the stop, did not validate the stop, and (2) the anonymous tip did not have sufficient indicia of reliability to create a reasonable, articulable suspicion justifying the stop.

We hold that the factual differences between this case and Florida v. J.L. (2000) 529 U.S. 266 [ 146 L.Ed.2d 254 , 120 S.Ct. 1375 ] are insufficient to merit a different result. In that case, the United States Supreme Court unanimously held that an anonymous telephone tip about an individual with a concealed handgun did not create a reasonable suspicion justifying a stop and frisk. We, of course, are bound by that holding. Also, in light of People v. Sanders (2003) 31 Cal.4th 318 […

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