Krohn

Defendant Phillip Anthony Krohn challenges his conviction for possession for sale of a controlled substance and possession of marijuana. He contends the court wrongly denied his motion to suppress the evidence related to the drugs because the police acquired the evidence as the result of an illegal detention. We agree..The officer detained defendant because he suspected defendant was illegally drinking alcohol in a public place, but the suspicion was unreasonable. Defendant was detained inside his gated apartment complex, which was not readily accessible to the public. Thus, the officer lacked reasonable suspicion defendant was drinking alcohol in a public place. We reverse and remand with directions for the court to grant defendant’s motion.

FACTS

An investigation led a Tustin police officer to a gated, two-story apartment complex in Tústin. The front entry way to the apartment complex’s courtyard is guarded by a tall metal fence with spikes on top. In the middle of the fence is a circular gate. The gate has a lock, which requires a key or code to open. The gate, when closed, automatically locks. Because the gate automatically locks, it is often propped open. The rear…