AGAR v. SUPERIOR COURT

Docket No. 38493.

21 Cal.App.3d 24 (1971)

98 Cal. Rptr. 148

JOHN WAYNE AGAR, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Five.

October 15, 1971.


Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, Harold E. Shabo, Damon R. Swank and David A. Sanders, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Joseph P. Busch, Jr., District Attorney, Harry Wood and Robert J. Lord, Deputy District Attorneys, for Real Party in Interest.


OPINION

STEPHENS, Acting P.J.

Petitioner seeks a writ of mandate after denial of his motion under Penal Code section 1538.5 to suppress evidence (a marijuana cigarette) found by the police in an alleged illegal booking search which they conducted after petitioner's arrest for reckless driving, and petitions this court to compel the trial court to exclude this evidence in the prosecution of the charge against him (unlawful possession...

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