People v. Lee

Opinion

POCHÉ, J.

Defendant was charged with possession of heroin for sale. At the preliminary hearing he moved to suppress heroin-filled balloons which had been seized from his person. The magistrate found that the balloons had been properly seized following a detention and pat-search under Terry v. Ohio (1968) 392 U.S. 1 [20 L.Ed.2d 889, 88 S.Ct. 1868]. However, the superior court granted defendant’s motion under Penal Code section 995 to set aside the information on the ground that the evidence should have been suppressed. We hold that the magistrate’s ruling is sustainable, and that the…