Legal Opinion

People v. Superior Court

California Court of Appeal

Decided December 1, 1969No. Civ. 35206PublishedCited by 6 opinions

1Opinion of the Court

Opinion

COBEY, Acting P. J.

The People, by means of a petition for writ of prohibition, have asked us to review, pursuant to Penal Code section 1538.5, subdivision (o), the trial court’s order, after an evidentiary hearing, suppressing all of the evidence obtained by three sheriff’s deputies from the Real Party in Interest, Michael Howard Saari, on the basis that this evidence was obtained by means of an unconstitutional search and seizure. We do not think it was and, therefore, appropriate relief by writ of mandate will be granted the People. (Cf. Stapleton v. Superior Court, 70 Cal.2d 97, 104…

2Cases cited14 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Draper v. United StatesSupreme Court of the United States · 1959
  3. People v. MickelsonCalifornia Supreme Court · 1963
  4. People v. MarshallCalifornia Supreme Court · 1968
  5. People v. JohnsonCalifornia Supreme Court · 1969

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3Cited by6 opinions

  1. Ojeda v. Superior CourtCalifornia Court of Appeal · 1970
  2. State v. MorenoCourt of Appeals of Washington · 1978
  3. Ojeda v. Superior CourtCalifornia Court of Appeal · 1970
  4. United States v. MortonDistrict Court, E.D. Virginia · 2005
  5. People v. Malott CA3California Court of Appeal · 2020

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