Krauss v. Superior Court

Opinion

WRIGHT, C. J.

Petitioner seeks a writ of mandate to compel the Superior Court of San Joaquin County to grant his motion pursuant to section 1538.5 of the Penal Code to suppress as evidence marijuana claimed to be the fruit of an illegal search. We conclude that although a law enforcement officer at the invitation of a motel manager made an illegal entry into a room occupied by petitioner prior to securing a search warrant, such action did not vitiate a search made pursuant to a valid warrant.

Petitioner was registered at a Tracy motel. While cleaning his room a maid, Mrs. Hernandez, saw…