People v. Superior Court (Keithley)

Opinion

CLARK, J.

The People seek review by writ of mandate (Pen. Code, § 1538.5, subd. (o)) of respondent superior court’s order suppressing evidence in a burglary prosecution (Pen. Code, § 459). The evidence (a stove) was seized during a search of defendant’s residence conducted pursuant to his purported consent. Respondent court impliedly found that defendant’s consent was the fruit of a poisonous tree—an unlawful interrogation. The sole question presented by this appeal is whether this implied finding is supported by substantial evidence. The writ is denied.

Defendant was arrested for…