Mestas v. Superior Court

Opinion

TOBRINER, J.

Defendant seeks mandate to review an order of the superior court denying his motion to suppress evidence discovered in a routine inventory search of the trunk of his car. Condemned in our opinion in Mozzetti v. Superior Court (1971) 4 Cal.3d 699 [94 Cal.Rptr. 412, 484 P.2d 84], this type of search cannot be redeemed by belated theories actually advanced in this case for the first time at the appellate level and by untimely justifications for the search not invoked by the searching officers themselves. A writ of mandate should issue to set aside the superior court’s denial…