Rodriguez v. Superior Court

Opinion

WHITE, P. J.

We are petitioned for a writ of mandate following the finding of the Superior Court of Santa Clara County (Marc B. Poche, Judge) that two inaccurate statements in affidavit supporting search warrant were reasonable errors made in good faith and therefore did not have to be excised pursuant to the holding of Theodor v. Superior Court (1972) 8 Cal.3d 77, 100-101 [104 Cal.Rptr. 226, 501 P.2d 234].

Trial, which was initially set for July 10, 1978, was stayed by this court until petitioner’s contentions could be fully considered, We issue the peremptory writ of mandate for the…