People v. Superior Court

Opinion

KERRIGAN, Acting P. J. On August 17, 1970, a complaint was filed in the municipal court charging Jerry Dean Martin and Linda Lou Martin (real parties in interest and hereinafter designated as “defendants”) with possession of marijuana (Health & Saf. Code, § 11530), possession of marijuana for purpose of sale (Health & Saf. Code, § 11530.5), possession of a narcotic device (Health & Saf. Code, § 11555), and possession of restricted dangerous drugs (Health & Saf. Code, § 11910).

Defendants moved for suppression of the evidence seized by police in the execution of a valid search warrant issued on August 14, 1970. Following a formal hearing, the magistrate found that while certain items of contraband (a small quantity of marijuana and illegal drugs and several narcotic devices) were observed by the officers in plain sight at the time the search warrant was executed, that nevertheless their seizure was improper as being beyond the scope of the warrant. However, the defendants were held to answer on the charges involving the contraband which was described in the warrant (1½ lb. packet of hashish) and which was seized pursuant thereto.

Following the filing of an information in the superior court reiterating the aforesaid four counts, the prosecution requested a special hearing to relitigate the issue as to the validity of the search. A de novo hearing was held. (See Pen. Code, § 1538.5, subd. (j).) It was stipulated that the search warrant had been validly issued and it was introduced in evidence. The [450]Fullerton police officer executing the warrant testified for the prosecution. The superior court also ruled that all of the evidence seized at the time of the execution of the warrant, with the exception of the contraband described in the warrant (1½ lbs. of hashish) should be suppressed, and entered its- order accordingly. The prosecution [petitioner] sought mandamus and this court issued an alternative writ for the purpose of determining the integrity of the order suppressing evidence.

On August 15, 1970, a local police officer, a customs official, and narcotics agents went to the defendants’ Fullerton residence to serve a search warrant ordering the seizure of a package containing IV2 pounds of hashish which had been delivered to the residence by mail a little earlier the same day. The residence consisted of a one-story duplex with a detached two-car garage. The hashish was described as being wrapped in a brown cardboard candy box, addressed to a Miss Jane Cromwell. The package had been sent to Fullerton from London,,England. It had been intercepted and examined by a customs agent, who relayed the information to the appropriate local and state agencies. Although the package was addressed to Miss Cromwell, the postman informed the officers immediately after delivery that the defendant Linda Martin had signed the receipt for the same.