Can a motion to suppress evidence seized from a witness be granted?
California, United States of America
The following excerpt is from People v. Johnson, 220 Cal.App.3d 742, 270 Cal.Rptr. 70 (Cal. App. 1990):
We conclude that the motion to suppress the evidence seized should have been granted. Since the seized evidence was the only evidence supporting appellant's conviction, the court's error cannot be considered harmless beyond a reasonable doubt. (See Chapman v. California (1967) 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705.)
Reversed.
LOW, P.J., and KING, J., concur.
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