PEOPLE v. SUPERIOR COURT

Docket No. 12224.

275 Cal.App.2d 489 (1969)

79 Cal. Rptr. 904

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; GARY JEROME FLYNN, Real Party in Interest.

Court of Appeals of California, Third District.

August 7, 1969.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Jack R. Winkler, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

McPherson, Mulkey & Aisthorpe and Lloyd H. Mulkey, Jr., for Real Party in Interest.


BRAY, J.*

Petition for writ of mandate to compel the Butte County Superior Court to annul its order suppressing certain evidence.

QUESTION PRESENTED

Was the opening by a postman of the contents of a mailed first-class package, where the outer carton had broken by chance, an unlawful search requiring application of the exclusionary rule?

RECORD

Real party in interest, Flynn (hereinafter referred to as...

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