Legal Opinion

People v. Fay

California Court of Appeal

Decided August 22, 1986No. A031727PublishedCited by 7 opinions

1Opinion of the Court

Opinion

SABRAW, J.

The only issue presented on this appeal by the People from an order of the superior court denying their motion pursuant to Penal Code section 871.5 1 to reinstate the complaint against respondent Steven Fay is whether, as a matter of law, the magistrate who conducted respondent’s preliminary examination erred in dismissing the complaint. As will be shown, we conclude that such error did occur and that the order must therefore be reversed.

Procedure and Evidence

In late January of 1985, members of the San Francisco Police Department Narcotics Bureau were advised by a…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. Sibron v. New YorkSupreme Court of the United States · 1968
  5. Mincey v. ArizonaSupreme Court of the United States · 1978

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3Cited by7 opinions

  1. People v. NottoliCalifornia Court of Appeal · 2011
  2. People v. ValdezCalifornia Court of Appeal · 1987
  3. People v. GonzalesCalifornia Court of Appeal · 1989
  4. People v. DawsonCalifornia Court of Appeal · 2009
  5. People v. RosalesCalifornia Court of Appeal · 1989

2 more not listed; retrieve them via the Exa API.

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