Limon

People v. Limon

Good Law
17 Cal. App. 4th 524·1993 Cal. App. LEXIS 771·21 Cal. Rptr. 2d 397·93 Daily Journal DAR 9589·93 Cal. Daily Op. Serv. 5676
Court of Appeal of CaliforniaJune 28, 1993No. H010016California4,725 words

Opinion

Lead Opinion

Bamattremanoukian, J.

An information charged defendant Victor Manuel Limón with possessing heroin for sale (count one; Health & Saf. Code, § 11351) and possessing cocaine for sale (count two; Health & Saf. Code, § 11351). Defendant made an unsuccessful suppression motion at his *529 preliminary hearing. He renewed the suppression motion in the superior court based on the transcript of the preliminary hearing and on further testimony. (Pen. Code, § 1538.5, subd. (i).) The superior court granted defendant’s motion and concluded that the police did not have probable cause to remove a closed key box from defendant’s pocket. The People indicated they were unable to proceed in light of the court’s ruling and the superior court dismissed the case.

On appeal the People contend that the police had probable cause to remove the closed key container from defendant’s pocket. For the reasons stated below, we agree and reverse the order of dismissal.

Facts

The facts are essentially uncontradicted. “ ‘Insofar as the evidence is uncontradicted, we do not engage in a substantial evidence review, but face pure questions of law.’ [Citation.]” (People v. Trujillo (1990) 217 Cal.App.3d 1219, 1224 [ 266 Cal.Rptr.…

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