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KINSEY v. SUPERIOR COURT

Docket No. 25241.

263 Cal.App.2d 188 (1968)

69 Cal. Rptr. 556

THEODORE KINSEY, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

June 17, 1968.

Attorney(s) appearing for the Case

James D. Nunes, Public Defender, and James H. Newhouse, Assistant Public Defender, for Petitioner.

Thomas C. Lynch, Attorney General, Donald F. Granberg and Michael J. Kelly, Deputy Attorneys General, for Respondent and Real Party in Interest.

RATTIGAN, J.

Pursuant to subdivision (i) of Penal Code section 1538.5, petitioner seeks review of the validity of a seizure whereby a certain quantity of heroin was obtained by the police. The heroin, which was admitted in evidence at petitioner's preliminary examination upon a charge of its possession (Health & Saf. Code, § 11500), was seized when a police officer forcibly entered petitioner's hotel room. [1a] Petitioner challenges the seizure...

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