Introducing ATLASLearn more
Legal Opinion

People v. Wilken

California Court of Appeal

Decided October 28, 1971No. Crim. 19724PublishedCited by 5 opinions

1Opinion of the Court

Opinion

KINGSLEY, J.

The People appeal, pursuant to subdivision (7) of section 1238 of the Penal Code, from an order dismissing a criminal prosecution under section 1385 of the Penal Code after the entry of an order pursuant to section 1538.5 suppressing evidence, For the reasons set forth below, we conclude that the 1538.5 motion was improperly granted and, therefore, that the dismissal was erroneous.

Defendant was stopped by police officers, after he had been observed driving erratically both on and off a freeway. He was arrested for a violation of subdivision (a) of section 23102 of the…

2Cases cited8 opinions

  1. People v. Superior CourtCalifornia Supreme Court · 1970
  2. People v. RossCalifornia Supreme Court · 1967
  3. People v. RobinsonCalifornia Supreme Court · 1965
  4. People v. MercurioCalifornia Court of Appeal · 1970
  5. Morel v. Superior CourtCalifornia Court of Appeal · 1970

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

3Cited by5 opinions

  1. People v. HowellCalifornia Court of Appeal · 1973
  2. People v. GomezCalifornia Court of Appeal · 1972
  3. People v. HowellCalifornia Court of Appeal · 1973
  4. People v. RhodesCalifornia Court of Appeal · 1972
  5. People v. RhodesCalifornia Court of Appeal · 1972

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API