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PEOPLE v. SUPERIOR COURT (BACKEY)

Docket No. 44074.

85 Cal.App.3d 1020 (1978)

149 Cal. Rptr. 349

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; REGINALD ROY BACKEY, Real Party in Interest.

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

October 5, 1978.

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, Thomas A. Brady and Kristofer Jorstad, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Sheldon Portman, Public Defender, Robert A. Weeks and Frank D. Berry, Jr., Deputy Public Defenders, for Real Parties in Interest.

OPINION

ELKINGTON, J.

The single issue of this mandate proceeding instituted by the People is whether a police officer unlawfully detained Reginald Roy Backey, the real party in interest, prior to development of probable cause for his arrest on a charge of burglary. A magistrate had found no unlawful detention, and held Backey to answer for trial in the superior court. Disagreeing, the superior court ordered suppressed the...

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