Legal Opinion

People v. Curry

California Court of Appeal

Decided March 7, 1985No. B003680PublishedCited by 7 opinions

1Opinion of the Court

Opinion

ASHBY, Acting P. J.

The People appeal (Pen. Code, § 1238, subd. (a)(1)) from an order dismissing the information pursuant to Penal Code section 995.

By information defendant Milton Curry was charged with possession of cocaine. (Health & Saf. Code, § 11350.) The evidence was seized from defendant’s home and person on December 13, 1982, pursuant to a search warrant.

The warrant was issued on December 10, 1982, upon the sworn affidavit of Detective Nettles of the Los Angeles Police Department. The sworn affidavit incorporates by reference an “attached statement of probable cause.”

Defendant…

2Cases cited20 opinions

  1. People v. HitchCalifornia Supreme Court · 1974
  2. Theodor v. Superior CourtCalifornia Supreme Court · 1972
  3. People v. LaiwaCalifornia Supreme Court · 1983
  4. People v. KurlandCalifornia Supreme Court · 1980
  5. People v. ChessmanCalifornia Supreme Court · 1950

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3Cited by7 opinions

  1. People v. PinholsterCalifornia Supreme Court · 1992
  2. United States v. Arthur Theodore Towne Dane Joseph TreiberCourt of Appeals for the Ninth Circuit · 1993
  3. People v. MooreCalifornia Court of Appeal · 1988
  4. People v. GallandCalifornia Supreme Court · 2008
  5. State v. WestonMissouri Court of Appeals · 1995

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