People v. Superior Court (Robinson)

Opinion

STEPHENS, J.—

Petitioner herein seeks a writ of mandate directing respondent to vacate its order granting real party in interest’s motion to suppress evidence. The facts are these: Real party in interest was charged with violations of sections 11351 and 11378 of the Health and Safety Code. He noticed a motion to suppress evidence pursuant to section 1538.5 of the Penal Code. We have not been informed by the parties of the grounds for that motion. During the course of the hearing on the motion to suppress, the trial judge noticed that the issuing magistrate had not signed the warrant…