Legal Opinion

People v. Kern

California Court of Appeal

Decided June 1, 1979No. Crim. 18773PublishedCited by 7 opinions

1Opinion of the Court

Opinion

CHRISTIAN, J.

The People have appealed from an order dismissing (Pen. Code, § 995) an information which charged Dale A. Kern with possession of a sawed-off shotgun (Pen. Code, § 12020) and possession of methamphetamine (Health & Saf. Code, § 11377). The question is whether the court acted correctly when it determined that the evidence admitted against Kern at the preliminary hearing had been seized in violation of the Fourth and Fourteenth Amendments of the Constitution of the United States.

On the morning of July 21, 1977, Officer Bachman of the Oakland Police Department was watching an…

2Cases cited2 opinions

  1. People v. DeLongCalifornia Court of Appeal · 1970
  2. People v. GreenCalifornia Court of Appeal · 1971

3Cited by7 opinions

  1. United States v. Franklin Neil BradyCourt of Appeals for the Ninth Circuit · 1987
  2. People v. GreerCalifornia Court of Appeal · 1980
  3. People v. GreenCalifornia Court of Appeal · 1981
  4. People v. ZonverAppellate Division of the Superior Court of California · 1982
  5. People v. GreerCalifornia Court of Appeal · 1980

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