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PEOPLE v. SUPERIOR COURT (VALDEZ)

Docket No. S.F. 24183.

35 Cal.3d 11 (1983)

671 P.2d 863

196 Cal. Rptr. 359

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; RICHARD JAMES VALDEZ, Real Party in Interest.

Supreme Court of California.

November 17, 1983.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James T. McNally and Constance M. Barton, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Kenneth M. Wells, Public Defender, Caroline R. Lange and Everett J. Avila, Assistant Public Defenders, for Real Party in Interest.

Quin Denvir, State Public Defender, Steffan Imhoff, Deputy State Public Defender, Marshall W. Krause, Krause, Timan, Baskin, Shell & Grant, Ephriam Margolin, Amitai Schwartz, Margaret C. Crosby and Alan L. Schlosser as Amici Curiae on behalf of Real Party in Interest.

OPINION

RICHARDSON, J.

In this proceeding, the People seek a writ of mandate to compel the trial court to vacate a pretrial order suppressing several items discovered by the police in a warrantless search of an automobile trunk. Although the trial court determined that the police had probable cause to search the car trunk in question, the court apparently concluded that the search was improper because in its view the prosecution had...

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