Moreno

A police officer, during the course of an investigative detention of defendant Moreno and his automobile, observed in plain sight a “billy,” the possession of which is proscribed by Penal Code section 12020. The weapon was seized and Moreno was arrested. In the municipal court, where he was charged as a misdemeanant, he unsuccessfully moved under Penal Code section 1538.5 to suppress the use of the weapon as evidence. He, as permitted by Penal Code section 1538.5, subdivision (j), appealed from the order denying his motion to the appellate department of the superior court.

The issue raised on the appeal was the constitutional propriety of the police officer’s detention of Moreno. The lower reviewing court thereafter, under rule 63, California Rules of Court, made the following certification:

We ordered the appeal transferred to this court.

Irwin v. Superior Court (1969) 1 Cal.3d 423 [ 82 Cal.Rptr. 484 , 462 P.2d 12 ], dealt with the constitutional limitations on the right of a police officer to temporarily detain a person for the purpose of questioning, or other criminal investigation. The court applied the widely known applicable rule, as follows: “[A] detention based…