People v. Superior Court (McCaney)

Opinion

LILLIE, Acting P. J.

Defendant Carlos McCaney, real party in interest, is charged with eight counts of grand theft involving automobiles. He made a motion to suppress certain evidence pursuant to section 1538.5, Penal Code. After a hearing de novo the court denied the motion except for evidence relating to a Buick and its contents. Thereafter, on petition of the People this court issued alternative writ of mandate.

In deciding that the deputies had no right to seize and impound the Buick as a matter of law, the trial court expressly accepted the credibility of the People’s witnesses.…