Kirby v. Superior Court

Opinion

ALARCON, J. *

After a preliminary examination, petitioner was charged in respondent court with a violation of section 288 of the Penal Code. He moved, purportedly pursuant to section 1538.5 of the Penal Code, to suppress evidence which he contends was obtained in violation of his constitutional rights. The motion was denied. Pursuant to sub-, division (i) of section 1538.5, he petitioned this court for a writ of prohibition or mandate to secure the vacation of that order. We issued an alternative writ of mandate; the matter has been fully briefed and argued. For the reasons set forth…