People v. Roth

Opinion

WIENER, Acting P. J.

Following denial of his motion to suppress evidence (Pen. Code, § 1538.5), Gregory Thomas Roth entered a negotiated *213guilty plea pursuant to People v. West (1970) 3 Cal.3d 595 [91 Cal.Rptr. 385, 477 P.2d 409] to possession of a firearm by a felon (Pen. Code, § 12021). He appeals the denial of his suppression motion, contending the police officers acted illegally in detaining him and patting him down. We agree with the first contention, and reverse.

Factual and Procedural Background

The People’s Evidence

At about 1:20 a.m. on February 7, 1988, reserve Deputy Sheriff Mark…