People v. Powell

Opinion

ASHBY, J.

This is a People’s appeal, pursuant to Penal Code section 1238, subdivision (a) (1), from an order of the superior court granting defendant Powell’s motion under Penal Code section 995 to dismiss the information against him. The trial court’s order was based on the ground that the initial detention of the vehicle in which defendant was riding was unlawful and that therefore the evidence seized subsequent to that detention was inadmissible, and that without such evidence there was insufficient cause to hold defendant to answer.

The facts as adduced at the preliminary hearing…