ARMENTA v. SUPERIOR COURT

Docket No. 48414.

61 Cal.App.3d 584 (1976)

132 Cal. Rptr. 586

HENRY ARMENTA, Petitioner, v. SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

August 27, 1976.


Attorney(s) appearing for the Case

COUNSEL

Minier & McCracken and David Minier for Petitioner.

No appearance for Respondent.

Stanley M. Roden, District Attorney, and Patrick J. McKinley, Deputy District Attorney, for Real Party in Interest.


OPINION

COBEY, J.

Henry Armenta seeks a writ of mandate to suppress certain evidence which he claims was seized pursuant to an unconstitutional and illegal search. (See Pen. Code, § 1538.5, subd. (o).) On April 23, 1976, this court issued a temporary stay of appellant's trial. On June 9, 1976, we granted an alternative writ and set the matter for hearing.

We now think that the search was illegal but not unconstitutional...

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