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PEOPLE v. EVANS

Docket No. 15835.

275 Cal.App.2d 78 (1969)

79 Cal. Rptr. 714

THE PEOPLE, Plaintiff and Appellant, v. NATHAN EVANS, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

July 24, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Robert J. Lord, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Charles Boags, Jo Kathleen Kaplan, Alan H. Simon and James L. McCormick, Deputy Public Defenders, for Defendant and Respondent.

HERNDON, J.

This is an appeal by the People from the trial court's order suppressing evidence and dismissing the case. The dismissal was ordered incident to the order granting defendant's oral motion to suppress evidence pursuant to Penal Code section 1538.5.

The order must be reversed for several reasons. [1] In the first place, the order suppressing the evidence is erroneous in that it is based upon the mistaken premise that the arresting officer...

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