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Keywords

appealtrialmotionleaseappellant
appealtrialmotionleasebailappellant

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People v. Gershenhorn, 225 Cal.App.2d 122, 37 Cal.Rptr. 176

Facts

Appellant was arrested and his business premises searched by officers of the Los Angeles Police Department without a warrant and without reasonable grounds to believe him guilty of any criminal offense. As a result, certain business records and personal property were seized, none of which was considered contraband. After being released from custody, appellant moved to suppress the evidence and for the return of the seized property, but the motion was denied, prompting the appeal.

Appellant was arrested and his business premises searched by officers of the Los Angeles Police Department, without a warrant and without reasonable grounds to believe him guilty of any criminal offense. As a result of the arrest and search, the officers seized certain business records and personal property of appellant, none of which was ‘contraband’ as that term is used in connection with proceedings such as are herein involved. Appellant was admitted to bail and thereafter released from custody for lack of the filing of a criminal complaint.

Issue

Whether the order denying the return of property seized by law enforcement is independently appealable.

Whether the order denying the return of property seized by law enforcement is independently appealable.

Rule

An order denying a motion for the return of property is not interlocutory and is not reviewable on appeal from an ultimate judgment of conviction, as the right of appeal is statutory and limited to specific actions of the trial court.

An order denying a motion for the return of property is not interlocutory and is not reviewable on appeal from an ultimate judgment of conviction, as the right of appeal is statutory and limited to specific actions of the trial court.

Analysis

The court analyzed the nature of the order denying the return of property, determining that it was not interlocutory since it finally disposed of the issue regarding the return of the property. However, the court also noted that the statutory framework did not provide for an appeal from such an order, leading to the conclusion that the appeal must be dismissed.

The court analyzed the nature of the order denying the return of property, determining that it was not interlocutory since it finally disposed of the issue regarding the return of the property. However, the court also noted that the statutory framework did not provide for an appeal from such an order, leading to the conclusion that the appeal must be dismissed.

Conclusion

The court dismissed the attempted appeal from the order denying the motion to suppress and return the property, stating that the order was not independently appealable.

The attempted appeal from the order denying the motion to suppress and return is dismissed.

Who won?

The People prevailed in the case as the court dismissed the appeal, affirming that the order denying the return of property was not subject to appeal.

The People prevailed in the case as the court dismissed the appeal, affirming that the order denying the return of property was not subject to appeal.

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