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PEOPLE v. SUPERIOR COURT (BOWDEN)

Docket No. 48631.

65 Cal.App.3d 511 (1976)

135 Cal. Rptr. 306

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MARK DOUGLAS BOWDEN et al., Real Parties in Interest.

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

December 30, 1976.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Harry B. Sondheim and Donald J. Kaplan, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Wilbur F. Littlefield, Public Defender, Harold E. Shabo, Irwin Pransky, G. Keith Wisot, Deputy Public Defenders, Joseph P. Argenta, Charles Lloyd, Richard A. Walton and Donald R. Wager for Real Parties in Interest.

OPINION

HANSON, J. —

INTRODUCTION

The People seek a statutory writ of mandate pursuant to Penal Code section 1538.5, subdivision (o), to compel the superior court to deny real parties in interest's motions to suppress evidence which was seized in a garage adjacent to defendant Bowden's home without a search or arrest warrant. The superior court, following a full de novo hearing, had granted defendants' motions to...

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