Rede

People v. Rede

Bad Law
176 Cal. App. 3d 1005·1986 Cal. App. LEXIS 2500·222 Cal. Rptr. 555
Court of Appeal of CaliforniaJanuary 15, 1986No. B011906California642 words

Opinion

Lead Opinion

Lillie, J.

The People appeal from an order denying a motion to reinstate a complaint charging respondents Jimmy Rede and Nathan Rede with possession of phencyclidine (PCP) for purposes of sale. (Pen. Code, § 871.5; Health & Saf. Code, § 11378.5.) It is contended: “The chemist’s words, that the liquid in question is ‘more likely than not phencyclidine’, are herein substantively sufficient to establish the contraband nature of the substance in question.”

At the preliminary hearing, Los Angeles Deputy Sheriff William Tauson testified that, at approximately 4:15 p.m. on July 10, 1984, he observed a 1979 Ford Pinto automobile with expired registration tabs and attempted to make a traffic stop. The driver of the vehicle evaded the officer by accelerating and, when the automobile finally stopped, the passenger door opened *1007 and an individual ran from the vehicle holding a brown paper bag in both hands. The officer arrested the driver, respondent Nathan Rede, for evading an officer. Respondent Jimmy Rede was arrested after a brief search of the area. On the roof of Ken’s Liquor Store, adjacent to where respondent Rede was captured, Officer Tauson found the brown paper bag which…

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