top of page
Search

Prosecutor's Dilatory Tactics Shut Down: Reversal

People v. Brown Court: California Courts of Appeal, Docket: H048462 (Sixth Appellate District), Opinion Date: September 21, 2021. Brown, charged with misdemeanor loitering with the intent to commit prostitution, moved to suppress evidence resulting from statements she made to the arresting officer. At the hearing on Brown’s motion, the prosecutor requested a continuance, informing the court that his sole witness would not appear because, on his own initiative, he had released the officer from the subpoena to interview a witness in an unrelated investigation. The court denied that motion as lacking in good cause and granted Brown’s motion to suppress. The prosecution moved for reconsideration, citing “Ferrer,” which held that when it is reasonably foreseeable that denial of the prosecutor’s request for a continuance under section 1050 will result in dismissal of the case, the court may not deny the requested continuance of a defendant’s section 1538.5 motion. The trial court vacated its prior ruling and denied Brown’s motion. The appellate division of the Santa Clara County Superior Court, concluding it was bound by Ferrer, affirmed. The court of appeal declined to follow Ferrer and reversed. If a trial court finds that the request for a continuance of a motion to suppress lacks good cause under section 1050(e), the trial court has the authority to deny the requested continuance on that basis even if this decision may foreseeably result in a dismissal of the prosecution.


Would you like to have your incarcerated loved one receive all these legal updates? We provide this and much more in our monthly legal newsletter, PLU MAX! You can log into www.possesolutions.com on the Shop tab to order. It is only $36.00 per year (12 issues) plus, postage $6.60. Email us at info@possesolutions.com for more information, or call us at (213) 340-1232 to place your order!




12 views0 comments

Recent Posts

See All
bottom of page