People v. Miller

This is an appeal from the trial court’s denial of defendant’s motion to suppress evidence pursuant to Penal Code section 1538.5. At the suppression hearing, the prosecution conceded defendant was detained without a warrant, probable cause, or reasonable suspicion. Its opposition was confined to the argument that the search was valid because of defendant’s probation status, which was unknown to law enforcement at the time of the detention.

The trial court denied the motion, and given the developments in the law on this subject, we reversed, holding that because the prosecution had conceded the initial stop wag not reasonable, a further hearing in the trial court was unwarranted. Respondent sought review and the California Supreme Court granted review but held the matter pending its decision in another case.

That case was People v. Moore (2006) 39 Cal.4th 168 [ 45 Cal.Rptr.3d 784 , 137 P.3d 959 ] (Moore), and the Supreme Court has ordered us to reconsider this case in light of that opinion. Because the facts of this case are significantly different than those in Moore , we find that remand to the trial court for further proceedings is unwarranted. The trial court’s order…