Legal Opinion
People v. PERRUSQUIA
California Court of Appeal
Decided April 25, 2007No. G037094PublishedCited by 16 opinions
1Opinion of the Court
Opinion
MOORE, J.
In the trial court, defendant Oscar Humberto Perrusquia filed a motion to suppress under Penal Code section 1538.5.1 He argued the police officer did not have reasonable suspicion to detain him and conduct a patdown search. After granting the motion, the trial court dismissed the case. The Orange County District Attorney (district attorney) appeals, arguing the police officer lawfully detained defendant. We agree with the trial court that the officer lacked specific, articulable facts justifying the detention and affirm the judgment and subsequent dismissal:
I.FACTS
On January…
2Cases cited6 opinions
- Illinois v. WardlowSupreme Court of the United States · 2000
- United States v. ArvizuSupreme Court of the United States · 2002
- Fare v. Tony C.California Supreme Court · 1978
- People v. HollowayCalifornia Court of Appeal · 1985
- People v. BrittonCalifornia Court of Appeal · 2001
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3Cited by16 opinions
- Cornell v. City & Cnty. of S.F., California Court of Appeal, 5th District2017
- People v. CasaresCalifornia Supreme Court · 2016
- Sarti v. Salt Creek Ltd.California Court of Appeal · 2008
- People v. H.M.California Court of Appeal · 2008
- Cornell v. City and County of San FranciscoCalifornia Court of Appeal · 2017
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