Legal Opinion
People v. Superior Court (Backey)
California Court of Appeal
Decided October 5, 1978No. Civ. 44074PublishedCited by 5 opinions
1Opinion of the Court
Opinion
ELKINGTON, J.
The single issue of this mandate proceeding instituted by the People is whether a police officer unlawfully detained Reginald Roy Backey, the real party in interest, prior to development of probable cause for his arrest on a charge of burglaiy. A magistrate had found no unlawful detention, and held Backey to answer for trial in the superior court. Disagreeing, the superior court ordered suppressed the burglary’s fruits found in Backey’s possession.
The controlling authority of our inquiry follows.
People v. Gale, 9 Cal.3d 788, 797-798 [108 Cal.Rptr. 852, 511 P.2d 1204]. “…
2Cases cited14 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- People v. MickelsonCalifornia Supreme Court · 1963
- Fare v. Tony C.California Supreme Court · 1978
- People v. DeVaughnCalifornia Supreme Court · 1977
- People v. BlodgettCalifornia Supreme Court · 1956
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Collins v. StateWyoming Supreme Court · 1993
- People v. RicoCalifornia Court of Appeal · 1979
- In Interest of GarDistrict Court of Appeal of Florida · 1980
- People v. SchoennauerCalifornia Court of Appeal · 1980
- Collins v. StateWyoming Supreme Court · 1993