Coulombe

People v. Coulombe

Good Law
102 Cal. Rptr. 2d 798·2000 Cal. App. LEXIS 1004·2001 Daily Journal DAR 415·86 Cal. App. 4th 52
Court of Appeal of CaliforniaDecember 29, 2000A091237California3,005 words

Opinion

Opinion

Sepulveda, J.

This is an appeal by the People from the decision of the trial court dismissing the action below after granting defendant’s motion made pursuant to Penal Code section 1538.5. Applying the recent case of Florida v. J.L. (2000) 529 U.S. 266 [ 120 S.Ct. 1375 , 146 L.Ed.2d 254 ] (Florida v. J.L), the trial court ruled that the detention and patsearch of an individual identified by two anonymous citizen informants as carrying a firearm, was illegal. We conclude that the ruling of the trial court was erroneous and reverse.

Background

The facts are not in dispute. On New Year’s Eve 1999, at approximately 11:00 p.m., two separate citizens, approximately five to ten seconds apart, approached Police Sergeants Combs and Wynne at the “First Night” celebration in downtown Santa Rosa, pointed toward the Cantina restaurant approximately 75 feet away, and indicated that a man wearing a white cap had a gun. Identifying information was apparently not obtained from the citizens who provided this information. Three police officers immediately approached the location indicated by the citizens. Sergeant Combs observed defendant, who was wearing a white cap and seated in a wheelchair. He was…

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