Does the appellate court have jurisdiction to rule as it did in the instant case on whether Harvey- Madden applies to detentions as well as arrests?
California, United States of America
The following excerpt is from People v. Lazanis, 209 Cal.App.3d 49, 257 Cal.Rptr. 180 (Cal. App. 1989):
In view of the existence of these clear and binding precedents from a higher court, the appellate department was not only wrong it may have [209 Cal.App.3d 64] been without jurisdiction to rule as it did in the instant case on the issue of whether Harvey- Madden applies to detentions as well as arrests (Auto Equity Sales v. Superior Court (1962) 57 Cal.2d 450, 455, 20 Cal.Rptr. 321, 369 P.2d 937).
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