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MYERS v. SUPERIOR COURT

No. G033785.

22 Cal.Rptr.3d 369 (2004)

124 Cal.App.4th 1247

Donald Clark MYERS, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; The People, Real Party In Interest.

Court of Appeals of California, Fourth District, Division Three.

November 23, 2004.

Attorney(s) appearing for the Case

Deborah A. Kwast, Public Defender, Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips and Martin F. Schwarz, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Tony Rackauckas, District Attorney, Stephan L. Sauer, Deputy District Attorney, for Real Party in Interest.

OPINION

O'LEARY, Acting P.J.

Petitioner, Donald Clark Myers, argues the trial court erroneously denied his motion to suppress because the evidence was seized as a result of an illegal search. He contends the search was illegal because the officer did not know he was on probation and subject to a search and seizure condition when he was searched. We agree and order a writ of mandate commanding the trial court to vacate its order denying the motion to suppress...

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