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PEOPLE v. LAIWA

Docket No. Crim. 22259.

34 Cal.3d 711 (1983)

669 P.2d 1278

195 Cal. Rptr. 503

THE PEOPLE, Plaintiff and Appellant, v. RAYMOND LAIWA III, Defendant and Respondent.

Supreme Court of California.

October 6, 1983.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein and Edward P. O'Brien, Assistant Attorneys General, Herbert F. Wilkinson, John T. Murphy, Gloria F. DeHart, Robert R. Granucci and Ronald E. Niver, Deputy Attorneys General, for Plaintiff and Appellant.

John J. Meehan, District Attorney (Alameda), William M. Baldwin, Assistant District Attorney, and William McKinstry, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Sheldon Portman, Public Defender, Barbara B. Fargo, Rosemary S. Morrison and Jeffrey A. Kroeber, Deputy Public Defenders, for Defendant and Respondent.

Quin Denvir, State Public Defender, George L. Schraer and Ralph H. Goldsen, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

MOSK, J.

While on patrol at midday in July 1979, a police officer saw defendant in a parking lot making stiff, "robot-like" movements. From his training and experience the officer formed the opinion that defendant was under the influence of phencyclidine (PCP). He detained defendant and tested him for certain distinctive eye movements that are seen in persons under the influence of PCP. When the test proved positive, the officer...

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