JENNINGS v. SUPERIOR COURT

Docket No. 46634.

104 Cal.App.3d 50 (1980)

163 Cal. Rptr. 691

SHARON JENNINGS, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

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

April 1, 1980.


Attorney(s) appearing for the Case

COUNSEL

Dennis P. Ruel for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins, Ronald E. Niver, Robert R. Granucci and Richard G. Tullis, Deputy Attorneys General, for Respondent and Real Party in Interest.


OPINION

WHITE, P.J.

This petition challenges failure to suppress a plastic bag containing 20 balloons of heroin found under the back seat of a police car used to transport petitioner to jail. Petitioner argues that the seizure was unlawful because it was the fruit of an unlawful arrest made under an unlawful ordinance. We conclude that the obstruction ordinance must be read to require "maliciousness," and that when the requirement...

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