PEOPLE v. CHAPMAN

Docket No. Crim. 22776.

36 Cal.3d 98 (1984)

679 P.2d 62

201 Cal. Rptr. 628

THE PEOPLE, Plaintiff and Appellant, v. ORIS LEE CHAPMAN et al., Defendants and Respondents.

Supreme Court of California.

April 26, 1984.


Attorney(s) appearing for the Case

COUNSEL

Dennis Kottmeier, District Attorney, Joseph A. Burns and W. Robert Fawke, Deputy District Attorneys, for Plaintiff and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and Jay M. Bloom, Deputy Attorneys General, John K. Van de Kamp, District Attorney (Los Angeles), Harry B. Sondheim and Roderick W. Leonard, Deputy District Attorneys, As Amici Curiae on behalf of Plaintiff and Appellant.

Fred L. Heene, Couwenberg & Heene and James Michael Gunn for Defendants and Respondents.

Quin Denvir, State Public Defender, Alice V. Collins, Deputy State Public Defender, Fred Okrand, Robert K. Calhoun, Jr., Margaret C. Crosby, Alan L. Schlosser and Amitai Schwartz as Amici Curiae on behalf of Defendants and Respondents.


OPINION

BIRD, C.J.

May the police, acting without a search warrant,1 obtain from a telephone company the name and address of an unlisted telephone subscriber when they suspect the telephone may be used for an unlawful activity?

I.

On December 5, 1980, a confidential informant contacted Detective Mauldin of the San Bernardino County Sheriff's...

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