Opinion

Toubus v. Superior Court

  • 114 Cal. App. 3d 378
  • 170 Cal. Rptr. 697
  • 1981 Cal. App. LEXIS 1283
Court
California Court of Appeal
Filed
Jan 7, 1981
Status
Published
Author
Poche
On the bench
Anderson, Poché
Cited by
4 cases

The opinion

POCHÉ, J.

I concur in the judgment and in parts IV and V of the lead opinion.

Before the entry by the three officers led by Officer Platt which gives rise to appellant’s primary contentions, other undercover police officers were already lawfully in the residence and were eyewitnesses to the “buy.” With respect to them no Ramey or knock-notice problems arise. *387 The observations of these officers formed an independent basis for the search warrant and for the seizure of each item sought to be suppressed. Accordingly, I see no need to address the issues, particularly those of constitutional dimension, discussed in parts I, II and III of the lead opinion. Any illegality involved in the arrest by the other officers or by the entry of the residence by them is irrelevant for purposes of evaluating the denial of this section 1538.5 motion.

Petitioner’s application for a hearing by the Supreme Court was denied March 11, 1981.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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