PEOPLE v. SUPERIOR COURT

Docket No. L.A. 29934.

6 Cal.3d 757 (1972)

493 P.2d 1145

100 Cal. Rptr. 281

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; ALLAN FOSTER HAWKINS, Real Party in Interest.

Supreme Court of California. In Bank.

March 3, 1972.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Doris H. Maier, Assistant Attorney General, and Jack R. Winkler, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

Vizzard, Baker, Sullivan, McFarland & Long and Richard M. Long for Real Party in Interest.


OPINION

SULLIVAN, J.

Defendant (real party in interest) Allan Foster Hawkins was charged by information with one count of vehicle manslaughter (Pen. Code, § 192, subd. (3)(a)) and one count of felony drunk driving (Veh. Code, § 23101). He moved pursuant to section 1538.5 of the Penal Code to suppress as evidence the results of a blood-alcohol test on the ground that they were the product of an illegal search and seizure...

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