People v. Lathan

Opinion

LILLIE, J.

Defendant was charged with possession of a .22 caliber revolver (§ 12021, Pen. Code) after haying been convicted of first degree robbery on December 3, 1969. The People appeal from order suppressing evidence (§ 1538.5, Pen. Code) and dismissing the cause (§ 1385, Pen. Code). The sole issue is whether defendant was initially unlawfully detained.1

*913The motion was submitted on the transcript of the testimony taken at the preliminary hearing. Around 10:15 p.m. Officers Watson and Brophy observed defendant, driving a 1960 white Cadillac southbound on La Brea, make a right turn onto…