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GALLIK v. SUPERIOR COURT

Docket No. S.F. 22808.

5 Cal.3d 855 (1971)

489 P.2d 573

97 Cal. Rptr. 693

GERALD ANDREW GALLIK, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

October 20, 1971.

Attorney(s) appearing for the Case

COUNSEL

Tiernan & Nicoletti and Frank Nicoletti for Petitioner.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Derald E. Granberg, Edward P. O'Brien, Robert R. Granucci and Sanford Svetcov, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

MOSK, J.

Defendant Gerald Andrew Gallik, petitioner herein, was charged with possession of marijuana. (Health & Saf. Code, § 11530.) His motion to suppress the evidence on the ground of illegal search and seizure was denied, and he seeks review by statutory writ of mandate. (Pen. Code, § 1538.5, subd. (i).)1

The motion to suppress was heard on the transcript of the preliminary...

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