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PEOPLE v. EPPERSON

Docket No. A032400.

187 Cal.App.3d 115 (1986)

232 Cal. Rptr. 16

THE PEOPLE, Plaintiff and Appellant, v. ROBERT LUIS EPPERSON, Defendant and Respondent.

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

November 21, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Thomas A. Brady and Eugene W. Kaster, Deputy Attorneys General, for Plaintiff and Appellant.

James R. Jenner, Public Defender, and Scott Spear, Assistant Public Defender, for Defendant and Respondent.

OPINION

LOW, P.J.

We hold that no Fourth Amendment rights are implicated when a defendant gives contraband to a police officer because of his "guilty conscience" and not because of any conduct or show of authority by the officer.

Defendant Robert Epperson was arrested and charged with possession of heroin for sale (Health & Saf. Code, § 11351). Defendant's motion to suppress the contraband (Pen. Code, § 1538...

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