P. v. Brown CA3
After both the preliminary hearing magistrate and the trial court denied his motion to suppress, defendant James Henry Brown pleaded no contest to possessing methamphetamine for purposes of sale (Health & Saf. Code, § 11378, count one), and to being a felon in possession of a firearm. (Pen. Code, § 29800, subd. (a)(1), count two.) He admitted one strike prior. The court sentenced him to a total term of six years in prison and did not award him any presentence conduct credits.
Defendant appeals the denial of his suppression motion, arguing he was unlawfully detained because officers lacked a reasonable suspicion based upon articulable facts that he was involved in any criminal activity. He also contends no exceptions to the Fourth Amendment’s warrant requirement justified following him into the residence after he tried to flee upon seeing the officers.
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