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WIMBERLY v. SUPERIOR COURT

Docket No. L.A. 30458.

16 Cal.3d 557 (1976)

547 P.2d 417

128 Cal. Rptr. 641

STEVEN BRIAN WIMBERLY et al., Petitioners, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

March 19, 1976.

Attorney(s) appearing for the Case

COUNSEL

Keith C. Monroe for Petitioners.

Gerald H. Murray as Amicus Curiae on behalf of Petitioners.

Lowell E. Lathrop, District Attorney, and Joseph A. Burns, Deputy District Attorney, for Real Party in Interest.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and Jay M. Bloom, Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest.

OPINION

WRIGHT, C.J.

Petitioners are charged with possession of marijuana for sale and transportation of marijuana. (Health & Saf. Code, §§ 11359, 11360.) Their motion to suppress contraband evidence was denied by the respondent court at a pretrial hearing. (Pen. Code, § 1538.5, subd. (i).) Petitioners now seek a writ mandating the respondent to vacate its ruling and to suppress the evidence. (Id.)

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