People v. Superior Court

Opinion

CLARK, J.

—The People seek review by writ of mandate (Pen. Code, § 1538.5, subd. (o)) of the superior court’s order suppressing evidence in a prosecution for possession of marijuana (former Health & Saf. Code, § 11530). Because the trial court’s order is supported by substantial evidence, the writ plainly must be denied.

During the evening a tenant noticed three men standing in the shadows of an apartment complex. One appeared to enter the apartment through a rear window because the tenant next observed someone inside closing the window while another outside replaced the screen. The…