SANTOS v. SUPERIOR COURT

Docket No. AO24469.

154 Cal.App.3d 1178 (1984)

202 Cal. Rptr. 6

JULIO HORONTO SANTOS, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

April 6, 1984.


Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, Robert A. Weeks and F. Benjamin Rice, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Thomas A. Brady and Karl W. Payne, Deputy Attorneys General, for Real Party in Interest.


OPINION

WHITE, P.J.

This petition for writ of mandate and/or prohibition challenges a trial court ruling denying petitioner's motion to suppress evidence. (Pen. Code, § 1538.5.)

Two issues require our attention:

(1) Did the officers have sufficient grounds to detain petitioner when his two companions were seen passing objects in a closed-off parking lot at 10 p.m.?

(2) If the detention was proper, was...

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