Legal Opinion
People v. Mills
California Court of Appeal
Decided January 9, 1985No. B003825PublishedCited by 15 opinions
1Opinion of the Court
Opinion
ABBE, J.
This is a People’s appeal pursuant to Penal Code section 1238, subdivision (a)(8) 1 following a dismissal pursuant to section 1385. The dismissal was based on the People’s announced inability to proceed to trial after the court’s suppression of the respondent’s intoxilyzer breath test results. The issues are whether the People have a right to appeal and, if so, whether the court erred in suppressing the breath test results because the police officers did not advise respondent that no sample would be retained for independent analysis if he chose a breath rather than blood or…
2Cases cited16 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- California v. TrombettaSupreme Court of the United States · 1984
- United States v. WatsonSupreme Court of the United States · 1975
- South Dakota v. NevilleSupreme Court of the United States · 1983
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. ForresterSupreme Court of South Carolina · 2001
- People v. ChaconCalifornia Supreme Court · 2007
- People v. GillispieCalifornia Court of Appeal · 1997
- State v. FloresNew Mexico Court of Appeals · 2008
- People v. AngelesCalifornia Court of Appeal · 1985
10 more not listed; retrieve them via the Exa API.