Legal Opinion
Cunha v. Superior Court
California Supreme Court
Decided April 2, 1970No. S. F. No. 22710PublishedCited by 98 opinions
1Opinion of the Court
Opinion
PETERS, J.
Petitioner was charged with possession of heroin. (Health & Saf. Code, § 11500.) The superior court denied his motion to dismiss the information (Pen. Code, § 995), and we issued an alternative writ of prohibtion.
At 4:25 p.m. on July 23, 1969, Officers Lipgens and McCarthy of the Berkeley Police Department took seats at a window of a hot dog stand located between Telegraph Avenue and People’s Park on Dwight Way. They were in plain clothes and were carefully observing pedestrians who walked by. Officer McCarthy had participated in 15 to 20 narcotics arrests in that area in…
2Cases cited16 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- People v. MickelsonCalifornia Supreme Court · 1963
- People v. LaraCalifornia Supreme Court · 1967
- People v. HavenCalifornia Supreme Court · 1963
11 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Fare v. Tony C.California Supreme Court · 1978
- People v. HillCalifornia Supreme Court · 1974
- People v. BrisendineCalifornia Supreme Court · 1975
- Remers v. Superior CourtCalifornia Supreme Court · 1970
- People v. BowerCalifornia Supreme Court · 1979
93 more not listed; retrieve them via the Exa API.