Legal Opinion

People v. Superior Court (McGraw)

California Court of Appeal

Decided December 20, 1979No. Civ. 46539PublishedCited by 8 opinions

1Opinion of the Court

Opinion

SCOTT, J.

The People seek a writ of mandate to compel respondent court to set aside its order returning certain valuable property previously seized by the police to real parties in interest, and to hold an evidentiary hearing to determine whether the property involved was stolen.

On March 24, 1978, the Oakland police served a search warrant on the residence of real parties in interest, Nathaniel McGraw and Robin Strong. They were authorized to seize some specified clothing, $30, a yellow pad, and “indicia of residency.” The affidavit supporting the warrant stated that McGraw was a…

2Cases cited5 opinions

  1. United States v. JeffersSupreme Court of the United States · 1951
  2. Trupiano v. United StatesSupreme Court of the United States · 1948
  3. Aday v. Superior CourtCalifornia Supreme Court · 1961
  4. Buker v. Superior CourtCalifornia Court of Appeal · 1972
  5. Stern v. Superior CourtCalifornia Court of Appeal · 1946

3Cited by8 opinions

  1. Newman v. StuartMississippi Supreme Court · 1992
  2. State v. PatchenMissouri Court of Appeals · 1983
  3. Ensoniq Corp. v. Superior CourtCalifornia Court of Appeal · 1998
  4. State v. MeeksMissouri Court of Appeals · 2001
  5. Lawrence v. Superior Court of San Mateo Cnty., California Court of Appeal, 5th District2018

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