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HORACK v. SUPERIOR COURT

Docket No. L.A. 29767.

3 Cal.3d 720 (1970)

478 P.2d 1

91 Cal. Rptr. 569

DAVID MICHAEL HORACK, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

December 28, 1970.

Attorney(s) appearing for the Case

COUNSEL

Herbert M. Porter for Petitioner.

Cecil Hicks, District Attorney, Michael R. Capizzi and Oretta D. Sears, Deputy District Attorneys, for Respondent and for Real Party in Interest.

OPINION

MOSK, J.

This is a petition for a writ of mandate after the respondent superior court denied petitioner's pretrial motion pursuant to Penal Code section 1538.5 to suppress evidence seized in a search of a residence. Petitioner is charged with the unlawful possession of marijuana.

On Saturday, June 28, 1969, Officer Thompson of the Newport Beach Police Department, while on...

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