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PEOPLE v. SUPERIOR COURT

Docket No. 33475.

35 Cal.App.3d 1 (1973)

110 Cal. Rptr. 504

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; LEO VINCENT LOGUE, Real Party in Interest.

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

October 31, 1973.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Jerome C. Utz, Herbert F. Wilkinson and Robert R. Granucci, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Joseph A. Desmond for Real Party in Interest.

OPINION

ELKINGTON, J.

We issued an alternative writ of mandate for the purpose of determining whether real party in interest Leo Vincent Logue was "lawfully arrested" on probable cause to believe he had violated the so-called "Felony Drunk Driving Law." (Veh. Code, § 23101.) Finding that a lawful arrest had not occurred, the superior court had suppressed evidence of a blood test administered under claim of authority of...

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