People v. Sotelo

Opinion

HAERLE, J.

I. Introduction

This is an appeal by the People from an order of the trial court dismissing several drug-related charges against the defendant after the prosecution admitted it could not proceed to trial because of the court’s grant of a second motion made by the defendant to suppress evidence discovered in a search of the defendant’s home. Previously, another trial judge in the same county had denied the defendant’s first motion under Penal Code section 1538.51 to suppress the same evidence, a motion based on the police’s alleged violation of the “knock-notice” provisions of…