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McKIRDY v. SUPERIOR COURT

Docket No. A017222.

138 Cal.App.3d 12 (1982)

188 Cal. Rptr. 143

ARCHIBALD A. McKIRDY, 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 Two.

December 13, 1982.

Attorney(s) appearing for the Case

COUNSEL

Kurt W. Melchior, Robert A. Spanner, Kenneth D. Noel and Severson, Werson, Berke & Melchior for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Marjory Winston Parker, Assistant Attorney General, Rodney Davis and Susan J. Orton, Deputy Attorneys General, for Real Party in Interest.

OPINION

SMITH, J.

The Attorney General's Medi-Cal Fraud Unit obtained from the San Francisco Municipal Court a search warrant for the office and home of Archibald A. McKirdy, M.D., a psychiatrist. Upon execution of the warrant at McKirdy's office Fraud Unit investigators seized 49 files labelled with the names of patients together with other materials. McKirdy promptly filed in the municipal court a "notice of petition to quash search...

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