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PEOPLE v. SUPERIOR COURT (KEITHLEY)

Docket No. S.F. 23079.

13 Cal.3d 406 (1975)

530 P.2d 585

118 Cal. Rptr. 617

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; MARK KEITHLEY, Real Party in Interest.

Supreme Court of California. In Bank.

January 22, 1975.

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, W. Eric Collins and Robert R. Granucci, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Harold J. Truett, Public Defender, Peter J. Muzio, Deputy Public Defender, and David W. Rudy for Real Party in Interest.

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

OPINION

CLARK, J.

The People seek review by writ of mandate (Pen. Code, § 1538.5, subd. (o)) of respondent superior court's order suppressing evidence in a burglary prosecution (Pen. Code, § 459). The evidence (a stove) was seized during a search of defendant's residence conducted pursuant to his purported consent. Respondent court impliedly found that defendant's consent was the fruit of a poisonous tree — an unlawful...

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