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KRAUSS v. SUPERIOR COURT

Docket No. Sac. 7878.

5 Cal.3d 418 (1971)

487 P.2d 1023

96 Cal. Rptr. 455

LANCE WELLINGTON KRAUSS, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

August 13, 1971.

Attorney(s) appearing for the Case

COUNSEL

Robert N. Chargin, Public Defender, and Ann M. Chargin, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Doris H. Maier, Assistant Attorney General, Edsel W. Haws and Eddie T. Keller, Deputy Attorneys General, for Real Party in Interest.

OPINION

WRIGHT, C.J.

Petitioner seeks a writ of mandate to compel the Superior Court of San Joaquin County to grant his motion pursuant to section 1538.5 of the Penal Code to suppress as evidence marijuana claimed to be the fruit of an illegal search. We conclude that although a law enforcement officer at the invitation of a motel manager made an illegal entry into a room occupied by petitioner prior to securing a search warrant,...

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