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PEOPLE v. SAAM

Docket No. 3889.

106 Cal.App.3d 789 (1980)

165 Cal. Rptr. 256

THE PEOPLE, Plaintiff and Respondent, v. STEPHEN GIBSON SAAM, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 10, 1980.

Attorney(s) appearing for the Case

COUNSEL

Richard A. Carsel, Public Defender, and James B. Maguire III, Deputy Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and W. Scott Thorpe, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, J. —

INTRODUCTION

This appeal tests the legality of a seizure of the contents of a locked toolbox found in a garage during the execution of a valid search warrant. The toolbox was opened by means of a key which had been surreptitiously taken from the person of appellant who was sleeping on a couch in the living room. Although we recognize the seizure of the key was illegal, we nevertheless conclude...

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