Transfer from Prison for Appearing In a Lineup
In People v. Sequeira (1981) 126 Cal. App. 3d 1, the police requested an order authorizing the transfer of the defendant from San Mateo County, where he was incarcerated on unrelated charges, to San Francisco County Jail for the purpose of appearing in a precomplaint lineup ( Id. at p. 13 & fn. 4.)
The request was supported by an affidavit stating probable cause to believe defendant had participated in several bank robberies. ( Id. at pp. 13-14.)
The trial court granted the order. ( Id. at p. 14.)
On appeal, the defendant argued that the lineup, at which he was identified by two witnesses, was "the fruit of an illegal transportation of his person." ( Id. at p. 13.)
The Court of Appeal rejected the challenge to the order.
The court reasoned in part that there were two statutory bases for issuance of the order. First, the court relied on section 187 of the Code of Civil Procedure.
It reasoned that section 187 vests "trial courts . . . with all the means necessary to carry their jurisdiction into effect. Pursuant to section 187, the courts have inherent authority to adopt any suitable mode of exercising their jurisdiction, and may adopt any order appropriate for that purpose.
The Court found authority for the order in Penal Code section 1567. As reasoned by the court, "Penal Code section 1567 authorizes a trial court to order a prisoner before it from another jurisdiction for the benefit of the court and for any lawful purpose.
If the court can order a prisoner to its jurisdiction for purposes of trial pursuant to Penal Code section 1567, a fortiori it also has the authority to cause a prisoner to be brought before it for a pretrial proceeding such as a lineup." (People v. Sequeira, supra, 126 Cal. App. 3d at p. 14.)