People v. Superior Court (Harris)

Opinion

BROWN (Gerald), P. J.

The People have petitioned under Penal Code section 1538.5, subdivision (o) for a writ of prohibition or mandate to compel reversal of an order granting the motion of defendant Linda Harris to suppress evidence.

The issue presented is whether the decision in People v. Zelinski, 24 Cal.3d 357 [155 Cal.Rptr. 575, 594 P.2d 1000], should have retroactive application, other than to Zelinski herself. That case held California Constitution article I, section 13, protecting against unreasonable searches, and the exclusionary rule which implements it, now applies to unlawful…