People v. Dunkel

*930Opinion

JEFFERSON (Bernard), J.

J.— The People appeal1 from an order dismissing a criminal prosecution after an order granting defendant’s motion, under section 1538.5 of the Penal Code, to suppress evidence. We affirm the order.

Defendant was seen by police officers walking on the sidewalk on Figueroa in the northeast section of Los Angeles around 11 p.m. Defendant was said to be walking in an unsteady manner and appeared to have problems maintaining his balance. Defendant was approaching the intersection of Figueroa and Garvanza—a well-lighted intersection. On the basis of this observation, an…