People v. Lawler

Opinion

TOBRINER, J.

The People appeal (Pen. Code, § 1238, subd. (7)) from an order of the Superior Court of Los Angeles County dismissing an information (Pen. Code, § 1385) following the granting of defendant’s motion for suppression of evidence under section 1538.5 of the Penal Code. The information charged defendant Michael Joseph Lawler with possession of marijuana for sale (Health & Saf. Code, § 11530.5).

As we shall point out, we have concluded that in the absence of sufficient probable cause to believe defendant was armed, the officer engaged in an unlawful pat-down of defendant’s…