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PEOPLE v. BOWERS

No. A095890.

13 Cal.Rptr.3d 15 (2004)

117 Cal.App.4th 1261

The PEOPLE, Plaintiff and Respondent, v. Eric J. BOWERS, Defendant and Appellant.

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

Review Denied August 11, 2004.

Attorney(s) appearing for the Case

Kathleen Kahn, First District Appellate Project, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Stan M. Helfman and Jamie M. Weyand, Deputy Attorneys General for Plaintiff and Respondent.

McGUINESS, P.J.

Eric J. Bowers appeals from the denial of his motion pursuant to Penal Code sections 995 and 1538.51 to suppress evidence and to dismiss the information against him. He contends the subject evidence was seized in the course of an unlawful detention pursuant to an otherwise illegal search of his person, which could not be justified as a probation search because the police conducting the search were unaware of his probationary...

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