P. v. Sauceda
District Attorney (DA) investigators detained defendant, Carlos Frankie Sauceda, Jr., and another man at night in a parking lot in a high-crime neighborhood. Defendant admitted that he was on parole. The investigators searched defendant and found a gun in his pocket. The People appeal from the superior court’s order setting aside the information under Penal Code section 995[1] after it found the magistrate erred in denying defendant’s motion to suppress the evidence obtained as a result of the detention. As discussed below, we find the detention to be unconstitutional and affirm the superior court’s ruling.
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