Saldana

Introduction

Following the denial of his motion to suppress evidence under Penal Code section 1538.5, appellant Jose Saldana pleaded no contest to transportation of marijuana. This appeal is limited to the search and seizure issues. (Pen. Code, § 1538.5, subd. (m).) We reverse. An uncorroborated anonymous tip was insufficient to justify the search and seizure.

Facts

The following facts are shown by the testimony at the Penal Code section 1538.5 hearing:

Discussion

The trial court found appellant was properly detained based on the information available to Deputy Larson, and appellant’s consent obtained during the lawful detention validated the search of the station wagon. We independently review the question of law whether the undisputed facts, or facts found by the trial court upon conflicting substantial evidence, show the search and seizure were unconstitutional. (People v. Coulombe (2000) 86 Cal.App.4th 52, 56 [ 102 Cal.Rptr.2d 798 ].)

The United States Supreme Court has recently spoken on the issue of when a detention may be justified by an anonymous tip. The court held “an anonymous tip that a person is carrying a gun is, without more, [not] sufficient to…