People v. Shepherd

OPINION

Defendant was charged with possession of secobarbital (§ 11910, Health Saf. Code). The People appeal from order dismissing the cause after the granting of defendant's motion to suppress evidence pursuant to section 1538.5, Penal Code.

Officers Vance and Linz went to 120 East Center in response to a radio call that an assault with a deadly weapon had occurred there, and knocked on the door; defendant answered and while talking to him about the assault they detected a strong odor of burnt marijuana emanating from the premises; they left a few minutes later and two blocks away joined…