Donaldson v. Superior Court

Opinion

BROUSSARD, J.

Defendant Kenneth Lee Donaldson, charged with murder involving special circumstances, robbery, and burglary, seeks a writ of mandate to compel respondent superior court to grant his motion to suppress evidence. He asserts that the use of a hidden microphone to record a conversation between him and his brother Lester while they were waiting in a police interview room constitutes an unlawful search under both federal and California law.

We explain that under settled federal precedent and under the California decisions prior to De Lancie v. Superior Court (1982) 31 Cal.3d 865…