PEOPLE v. TERESINSKI

Docket No. Crim. 20497.

26 Cal.3d 457 (1980)

605 P.2d 874

162 Cal. Rptr. 44

THE PEOPLE, Plaintiff and Appellant, v. ROBERT JOSEPH TERESINSKI, Defendant and Respondent.

Supreme Court of California.

February 11, 1980.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler and Robert H. Philibosian, Chief Assistant Attorneys General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and William G. Prahl, Deputy Attorneys General, for Plaintiff and Appellant.

D. Lowell Jensen, District Attorney (Alameda), John J. Meehan, Assistant District Attorney, Ralph Countryman, Deputy District Attorney, David J. Levy, City Attorney (Concord), and Kenneth C. Scheidig, Assistant City Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Paul Halvonik, Quin Denvir, State Public Defenders, Gary S. Goodpaster, Ezra Hendon, Chief Assistant State Public Defenders, Richard E. Shapiro, Michael S. Zola, Deputy State Public Defenders, and Lewis F. Shearer for Defendant and Respondent.

Marshall W. Krause, Krause, Baskin & Shell, Krause, Timan, Baskin, Shell & Grant, Ephraim Margolin, Steven Stathatos, Margaret C. Crosby, Alan L. Schlosser and Amitai Schwartz as Amici Curiae on behalf of Defendant and Respondent.


OPINION

TOBRINER, J.

The People appeal from an order dismissing charges of robbery. The dismissal follows an earlier order suppressing evidence obtained as a result of the search of defendant's car.

(1a) As we shall explain, a police officer, lacking an objectively reasonable basis for suspecting criminal activity, detained defendant's car. Consequently that detention violates the Fourth Amendment, and both physical...

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