Bergeron v. Superior Court

Opinion

TAMURA, J.

Defendant seeks a writ of prohibition to enjoin respondent court from taking further proceedings in the trial of defendant on an information charging him with possession of marijuana. Defendant’s motion under section 1538.5 of the Penal Code to suppress the use of the contraband as evidence was denied.

The motion to suppress was submitted on the transcript of the preliminary hearing. The facts may be summarized as follows: About 12:40 a.m. Officer Turner of the Highway Patrol observed defendant’s Volkswagen southbound on the San Diego Freeway traveling at high speed. Defendant…