People v. Superior Court

THE COURT.

The People petition for a writ of mandate requiring the superior court to vacate an order to suppress certain evidence (Pen. Code, § 1538.5) in a pending criminal case against Patricia Ann Pierson, the real party in interest.

We grant the writ, not because we necessarily disagree with the superior court on the question of the illegality of the challenged search and seizure, but because the record shows that the court applied an erroneous principle of law and because there is no way of telling just what the court suppressed.

A thumbnail sketch of the evidence will suffice. The police were told by a reliable informer that Bobby Pierson was dealing in narcotics from his home. Two officers went there. One Levy came out of the house. When one officer identified himself, Levy made a suspicious movement with his hand, turned back toward the house and shouted a warning to “Bobby.” Bobby escaped through the back of the house. Levy was arrested in front of the house and taken inside. The police knew he did not live there. He was searched and heroin was found on his person. Patricia Ann Pierson had come into the living room during the search of Levy’s person. The house was then searched. Heroin and capsules containing Nembutal, a restricted dangerous drug, were found in a canister in the “single ’ ’ bedroom of the home. A search of a truck parked on the driveway disclosed more Nembutal.

Both Levy and Patricia were charged with possession of

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heroin for sale (Health & Saf. Code, § 11500.5). Patricia was also charged with possession of a restricted dangerous drug for sale (Health & Saf. Code, § 11911).

Both Levy and Patricia moved to dismiss the information (Pen. Code, § 995) and to suppress the seized contraband as evidence (Pen. Code, § 1538.5). No new evidence was offered to support the 1538.5 motion, which was submitted on the transcript of the preliminary hearing. The confusion in the record results from the almost total failure of the participants in the proceedings to specify, when the occasion called for it, what contraband was being discussed.

During the discussion the court expressed the thought that it was reasonable to infer that Levy had obtained his heroin from somebody inside the house, possibly Patricia.