BURKE v. SUPERIOR COURT

Docket No. 34352.

39 Cal.App.3d 28 (1974)

113 Cal. Rptr. 801

EDWARD THOMAS BURKE, JR., Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

May 7, 1974.


Attorney(s) appearing for the Case

COUNSEL

Geary, Geary, Shea & Pawson and Michael F. O'Donnell for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Martin S. Kaye, Deputy Attorneys General, for Real Party in Interest.


OPINION

ELKINGTON, J.

We issued an alternative writ of mandate in order to consider the legality of a warrantless search of a motor vehicle for contraband. It was based upon an untested "citizen informer's" untrue report of his observations which the superior court found was reasonably and in good faith believed by sheriff's officers to constitute probable cause for the search.

Substantial evidence established the following...

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