People v. Superior Court (Bowden)

Opinion

HANSON, J.

Introduction

The People seek a statutory writ of mandate pursuant to Penal Code section 1538.5, subdivision (o), to compel the superior court to deny real parties in interest's motions to suppress evidence which was seized in a garage adjacent to defendant Bowden’s home without a search or arrest warrant. The superior court, following a full de novo hearing, had granted defendants’ motions to suppress the evidence upon the basis that as a matter of law the police had no authority to order the five defendants (real parties in interest) from the garage after accepting as true…