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PEOPLE v. PERRUSQUIA

No. G037094.

58 Cal.Rptr.3d 485 (2007)

150 Cal.App.4th 228

The PEOPLE, Plaintiff and Appellant, v. Oscar Humberto PERRUSQUIA, Defendant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

April 25, 2007.

Attorney(s) appearing for the Case

Tony Rackauckas, District Attorney and Brian F. Fitzpatrick, Deputy District Attorney, for Plaintiff and Appellant.

Randi Covin, Willits, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

MOORE, J.

In the trial court, defendant Oscar Humberto Perrusquia filed a motion to suppress under Penal Code section 1538.5.1 He argued the police officer did not have reasonable suspicion to detain him and conduct a patdown search. After granting the motion, the trial court dismissed the case. The Orange County District Attorney (district attorney) appeals, arguing the...

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