What is the test for a motion to suppress or suppress a drug possession charge?

California, United States of America


The following excerpt is from The PEOPLE V. K. S., A125701, No. J170927 (Cal. App. 2010):

The minor's reliance on People v. Jones (1991) 228 Cal.App.3d 519, 524, is misplaced. In that case, a police officer saw three men standing in a group near a street corner in an area known for drug activity. (Id. at p. 521.) The officer saw a man hand the defendant what appeared to be money. The officer detained the defendant, searched him, and found cocaine. (Id. at pp. 522-524.) The trial court granted the motion to suppress and the appellate court affirmed. (Id. at pp. 522, 524.) The court explained that the detention was illegal because the officer admitted "he had no 'probable cause' interest" in the defendant and because "the mere fact" that a defendant receives "money from another person on the street in an area known for drug activity is insufficient justification for a detention." (Id. at p. 524.)

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