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PEOPLE v. LEE

Docket No. A035109.

194 Cal.App.3d 975 (1987)

240 Cal. Rptr. 32

THE PEOPLE, Plaintiff and Appellant v. FLOYD LEE, Defendant and Respondent.

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

September 15, 1987.

Attorney(s) appearing for the Case

COUNSEL

John K. Van De Kamp, Attorney General, and Ronald E. Niver, Deputy Attorney General, for Plaintiff and Appellant.

James R. Jenner, Public Defender, and J. Clifton Taylor, Jr., Assistant Public Defender, for Defendant and Respondent.

OPINION

POCHE, J.

Defendant was charged with possession of heroin for sale. At the preliminary hearing he moved to suppress heroin-filled balloons which had been seized from his person. The magistrate found that the balloons had been properly seized following a detention and pat-search under Terry v. Ohio (1968) 392 U.S. 1 [20 L.Ed.2d 889, 88 S.Ct. 1868]. However, the superior court granted...

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