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DONALDSON v. SUPERIOR COURT

Docket No. L.A. 31424.

35 Cal.3d 24 (1983)

672 P.2d 110

196 Cal. Rptr. 704

KENNETH LEE DONALDSON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

November 21, 1983.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Laurence M. Sarnoff, Charles Gessler and Morton P. Borenstein, Deputy Public Defenders, for Petitioner.

Quin Denvir, State Public Defender, Handy Horiye and Harriet Wiss Hirsch, Deputy State Public Defenders, Daniel Costello, Philip H. Pennypacker and James S. Thomson as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

John K. Van de Kamp and Robert H. Philibosian, District Attorneys, Harry B. Sondheim, Donald J. Kaplan and George M. Palmer, Deputy District Attorneys, for Real Party in Interest.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and John W. Carney, Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest.

OPINION

BROUSSARD, J.

Defendant Kenneth Lee Donaldson, charged with murder involving special circumstances, robbery, and burglary, seeks a writ of mandate to compel respondent superior court to grant his motion to suppress evidence. He asserts that the use of a hidden microphone to record a conversation between him and his brother Lester while they were waiting in a police interview room constitutes an unlawful search under both federal...

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