People v. Fields

Opinion

GRODIN, J.

This is an appeal by the People from an order of the superior court dismissing charges against respondents on the basis that the only evidence supporting the charges had been suppressed at a special hearing. (Pen. Code, § 1238, subd. (a)(7).) The question presented, apparently one of first impression in this state, is whether the fruits of a probationary search must be suppressed because subsequent to the search the conviction underlying the terms of probation is reversed on appeal.

The relevant facts are not in dispute. On August 31, 1977, respondent Fields pled guilty in…