Remers v. Superior Court

Opinion

PETERS, J.

Petitioner was charged with possession for sale of dangerous drugs. (Health & Saf. Code, § 11911.) After a hearing, the superior court denied petitioner’s motion to suppress the evidence of the pills (Pen. Code, § 1538.5), and we issued an alternative writ of mandate.

This case is controlled’by our decision in Cunha v. Superior Court, ante p. 352 [85 Cal.Rptr. 160, 466 P.2d 704], and accordingly we hold that the arresting officers did not have probable cause to arrest and search petitioner and that the evidence uncovered by the search is inadmissible.

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