People v. Superior Court

Petitioner, the People of the State of California, seeks writ of mandate pursuant to Penal Code, section 1538.5, subdivision (o). The sole question is whether respondent correctly granted real parties in interest’s motion to suppress evidence.

On the afternoon of November 8, 1967, California Highway Patrol Officers Subberra and Coon were on duty in the vicinity of Garberville. Prom their patrol ear they observed defendants English and Ward driving north on Highway 101 in an old Volkswagen convertible, and that a spare tire was blocking the rear window and no exterior rearview mirrors were…