People v. Trevino

Opinion

COMPTON, J.

Robert Penida Trevino pleaded guilty to possession of heroin after his motion to suppress evidence pursuant to Penal Code section 1538.5 was denied. He appeals from the judgment of conviction seeking further review of the seizure of the evidence. We reverse the judgment.

The evidence which defendant would suppress is a rubber balloon containing heroin. The balloon was obtained by the arresting officer when the defendant removed it from his mouth after being ordered to do so by the officer. An additional item of evidence is a needle and a syringe which the officer removed from…