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PEOPLE v. SUPERIOR COURT

Docket No. Sac. 7859.

3 Cal.3d 807 (1970)

478 P.2d 449

91 Cal. Rptr. 729

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF YOLO COUNTY, Respondent; MARTELL DEAN KIEFER et al., Real Parties in Interest.

Supreme Court of California. In Bank.

December 31, 1970.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, Edsel W. Haws and Elliott D. McCarty, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Michael Stepanian and Sherman Ellison for Real Parties in Interest.

OPINION

MOSK, J.

Defendants (real parties in interest herein) were charged by information with unlawful possession and transportation of marijuana. (Health & Saf. Code, §§ 11530, 11531.) Their motion to suppress the evidence on the ground of illegal search and seizure was granted, and the People seek review by statutory writ of mandate. (Pen. Code, § 1538.5, subd. (o).)

The sole witness testifying to the...

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