Legal Opinion

Smith v. Superior Court of City & Cnty. of S.F.

California Superior Court

Decided August 16, 2018No. Case No. 18000519PublishedCited by 1 opinion

1Opinion of the Court

DECISION BY THE COURT

*258*3On April 26, 2018, Robert T. Smith filed a petition for writ of mandate, seeking review of the lower court's denial of his non-statutory motion to return property, to wit 21.8 grams of recreational marijuana. After considering the evidence, arguments and applicable law, we hereby GRANT the petition for writ of mandate. We hereby order the lower court to vacate its previous order denying the motion for return of property, and enter a new order consistent with this decision.

FACTUAL AND PROCEDURAL BACKGROUND

On January 9, 2018, SFPD Officer MacMahon responded to 923 Market…

2Cases cited8 opinions

  1. United States v. Santiago-MendezCourt of Appeals for the First Circuit · 2012
  2. In Re Tobacco Cases IICalifornia Supreme Court · 2007
  3. United States v. Jeffrey H. FeingoldCourt of Appeals for the Ninth Circuit · 2006
  4. Jevne v. Superior CourtCalifornia Supreme Court · 2005
  5. People v. CrouseSupreme Court of Colorado · 2017

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3Cited by1 opinion

  1. Untitled California Attorney General Opinion, California Attorney General Reports2023

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