P. v. Dananberg CA3
After the trial court denied his motion to suppress evidence pursuant to Penal Code section 1538.5, defendant John David Dananberg pled no contest to possession of methamphetamine while armed with a loaded, operable firearm. The trial court suspended imposition of sentence and placed him on formal probation for five years.
On appeal, defendant contends the trial court erred in denying his motion to suppress evidence. He argues the evidence seized from him as a result of a warrantless search should have been suppressed because the search exceeded the scope of a permissible patsearch under Terry v. Ohio (1968) 392 U.S. 1 [20 L.Ed.2d 889], and was not justified by probable cause or exigent circumstances. We conclude the motion to suppress should have been granted. Consequently, we reverse.
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