People v. Superior Court

Opinion

MOSK, J.

Defendant, real party in interest herein, was charged with possession of marijuana. (Health & Saf. Code, § 11530.) His motion to *191suppress the evidence on the ground of illegal search and seizure was granted, and the People seek review by statutory writ of mandate. (Pen. Code, § 1538.5, subd. (o).)

In People v. Superior Court (1970) 3 Cal.3d 807 [91 Cal.Rptr. 729, 478 P.2d 449] (hereinafter called Kiefer), we determined the constitutionally permissible scope of a warrantless search of a vehicle as an incident to the arrest of its driver for an ordinary traffic violation. In the…