P. v. Averill
The People appeal the trial courts granting of a motion to set aside the information pursuant to Penal Code section 995 (hereafter section 995) filed by defendants David Steven Averill and Jacob Earl Johnson (collectively defendants) on the ground that the information was based on illegally seized evidence. The People contend we should uphold the magistrates finding that the detention of Johnson and another suspect was reasonable as well as the magistrates denial of defendants motion to suppress evidence (Pen. Code, 1538.5, subd. (m)) (hereafter section 1538.5). Court agree and reverse the dismissal order.
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