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STAPLETON v. SUPERIOR COURT

Docket No. L.A. 29590.

70 Cal.2d 97 (1968)

447 P.2d 967

73 Cal. Rptr. 575

CHARLES G. STAPLETON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

December 26, 1968.

Attorney(s) appearing for the Case

Robert R. Lee and Brent, Lee & Frank for Petitioner.

No appearance for Respondent.

Evelle J. Younger, District Attorney, Harry Wood and Robert J. Lord, Deputy District Attorneys, for Real Party in Interest.

TOBRINER, J.

Petitioner seeks a writ of prohibition to compel the Superior Court of Los Angeles County to grant his motion pursuant to section 1538.5 of the Penal Code to suppress certain evidence seized from his automobile. The People contend that a private citizen conducted the search and the search therefore does not fall within the purview of the Fourth Amendment. Because of police involvement in the search we have concluded that petitioner's motion to suppress...

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