Legal Opinion

Raymond v. Superior Court

California Court of Appeal

Decided August 18, 1971No. Civ. 13064PublishedCited by 21 opinions

1Opinion of the Court

Opinion

FRIEDMAN, Acting P. J.

Petitioner seeks a writ of prohibition to restrain the superior court from, taking further proceedings on an information charging him with marijuana possession. His motion to suppress evidence under Penal Code section 1538.5 was denied by that court. His appropriate remedy is not prohibition, but a writ of mandate directing suppression. (Greven v. Superior Court, 71 Cal.2d 287, 295 [78 Cal.Rptr. 504, 455 P.2d 432]; Ojeda v. Superior Court, 12 Cal.App.3d 909, 921 [91 Cal.Rptr. 145].) We so treat it.

Petitioner’s 12-year-old son, Bill, discovered marijuana in the…

2Cases cited19 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Agnello v. United StatesSupreme Court of the United States · 1925
  4. Lustig v. United StatesSupreme Court of the United States · 1949
  5. People v. RobertsCalifornia Supreme Court · 1956

14 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. People v. CookCalifornia Supreme Court · 1978
  2. Gajdos v. StateIndiana Supreme Court · 1984
  3. People v. ChapmanCalifornia Supreme Court · 1984
  4. People v. St. AmourCalifornia Court of Appeal · 1980
  5. Barnato v. StateNevada Supreme Court · 1972

16 more not listed; retrieve them via the Exa API.

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