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PEOPLE v. SUPERIOR COURT

Docket No. 30142.

20 Cal.App.3d 1085 (1971)

98 Cal. Rptr. 161

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; RICHARD DUNBAR ACOSTA, Real Party in Interest.

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

November 9, 1971.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Robert R. Granucci and Michael Buzzell, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

John F. Marshall for Real Party in Interest.

OPINION

ELKINGTON, J.

We issued an alternative writ of mandate to inquire into the Fourth Amendment reasonableness of police conduct which led to the discovery of restricted dangerous drugs, and a consequent charge against Richard Acosta of transportation of such drugs. (Health & Saf. Code, § 11912.) The superior court in Penal Code section 1538.5 proceedings had suppressed the subject drugs as evidence.

While his...

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