People v. Johnson

Opinion

HERNDON, J.

The People appeal from the order of dismissal entered following the granting of respondent’s motion to suppress evidence under Penal Code section 1538.5. We have concluded that these orders must be reversed.

The evidence received in the instant proceeding is undisputed and without conflict. The trial court’s comments make clear that its decision was based solely upon its interpretation of the law relating to warrantless arrests, and entries made to effect such arrests, rather than on any determination not to credit the factual testimony of the arresting officers. Respondent…