BOWYER v. SUPERIOR COURT

Docket No. 33498.

37 Cal.App.3d 151 (1974)

111 Cal. Rptr. 628

MARY CHRISTINE BOWYER et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

January 9, 1974.


Attorney(s) appearing for the Case

COUNSEL

Robert C. Selvidge, Russell E. Parsons and Sidney P. Lester for Petitioners.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Chief Assistant Attorneys General, Doris H. Maier and Edward P. O'Brien, Assistant Attorneys General, W. Eric Collins, Linda Ludlow and Sanford Svetcov, Deputy Attorneys General, for Respondent and for Real Party in Interest.


OPINION

RATTIGAN, J.

We hold in this proceeding that certain evidence must be suppressed because a so-called "telephonic search warrant," pursuant to which the evidence was seized, was wholly invalid in the absence of a writing as prescribed by statute.

A three-count information filed in respondent court jointly charged petitioners Chester and Mary Bowyer, Keith Robinson and James Thomason with possession of two contraband...

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