Legal Opinion

People v. Superior Court

California Court of Appeal

Decided October 31, 1973No. Civ. 33475PublishedCited by 5 opinions

1Opinion of the Court

Opinion

ELKINGTON, J.

We issued an alternative writ of mandate for the of determining whether real party in interest Leo Vincent Logue was “lawfully arrested” on probable cause to believe he had violated the so-called “Felony Drunk Driving Law.” (Veh. Code, § 23101.) Finding that a lawful arrest had not occurred, the superior court had suppressed evidence of a blood test administered under claim of authority of Vehicle Code section 13353.

No conflict appears in the evidence or in such inferences as are derivable therefrom, upon which the court’s conclusion was based. The issue before us…

2Cases cited21 opinions

  1. Willson v. Superior CourtCalifornia Supreme Court · 1956
  2. People v. SudduthCalifornia Supreme Court · 1966
  3. People v. Superior CourtCalifornia Supreme Court · 1972
  4. Custer Channel Wing Corp. v. United StatesSupreme Court of the United States · 1967
  5. Melton v. StateSupreme Court of Florida · 1954

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

3Cited by5 opinions

  1. Hamilton v. City of San DiegoCalifornia Court of Appeal · 1990
  2. State v. MezinsCourt of Appeals of Kansas · 1980
  3. People v. CorsiniCalifornia Court of Appeal · 1984
  4. Peters Well Drilling Co. v. HanzulaNew Jersey Superior Court Appellate Division · 1990
  5. Blitzstein v. Department of Motor VehiclesCalifornia Court of Appeal · 1988

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