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PEOPLE v. SUPERIOR COURT (STEVENS)

Docket No. S.F. 23136.

12 Cal.3d 858 (1974)

528 P.2d 41

117 Cal. Rptr. 433

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY; CLARENCE STEVENS et al., Real Parties in Interest.

Supreme Court of California. In Bank.

November 25, 1974.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins, William D. Stein and Linda Ludlow, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Francis J. Stillman, Dick W. Bennett, Bennett, Hughes, Kane, Stillman & Niven, Richard W. Halpern, Philip Barnett, Robert J. Lanzone and Aaronson, Dickerson, Lanzone & Schindler for Real Parties in Interest.

Charles C. Marson, Joseph Remcho, Deborah Hinkel, Peter E. Sheehan and Toby Sherwood as Amici Curiae on behalf of Real Parties in Interest.

OPINION

WRIGHT, C.J.

The People seek mandamus to compel the respondent court to set aside an order granting a motion to suppress evidence which was found in the search of an apartment claimed to have been occupied by the real parties in interest. (Pen. Code, § 1538.5, subd. (o).)

The real parties in interest (Clarence Stevens, Teresa Bustillos, and Pamela Thames) first moved...

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