People v. Rosales

Opinion

RACANELLI, P. J.

In this People’s appeal, we examine the question whether the act of a police officer in seizing defendant’s wrist and removing his hand from his pants pocket was lawful.

Facts

The facts are uncontroverted:

On the afternoon of October 14, 1987, San Francisco Police Officer Peter Siragusa received an anonymous telephone tip that Pedro Rosales and Jose Rosales were selling heroin out of apartment 3 at 2038 McAllister Street. The caller also said that Pedro Rosales formerly lived on Hyde Street.

Officer Siragusa checked the police computer and found a Pedro Rosales of Hyde…