People v. Superior Court (Bowden)

Introduction

The People seek a statutory writ of mandate pursuant to Penal Code section 1538.5, subdivision (o), to compel the superior court to deny real parties in interest's motions to suppress evidence which was seized in a garage adjacent to defendant Bowden’s home without a search or arrest warrant. The superior court, following a full de novo hearing, had granted defendants’ motions to suppress the evidence upon the basis that as a matter of law the police had no authority to order the five defendants (real parties in interest) from the garage after accepting as true the testimony of the police officers and refusing credit to defense testimony.

The Case

The five defendants, Mark Douglas Bowden, Everett Derrell Brumfield, Carl Edward Duckett, Maurice Duckett, and Raymond Mack (real parties in interest) (hereinafter defendants), are charged with one count of murder (Pen. Code, § 187), six counts of robbeiy (Pen. Code, § 211), and one count of burglary (Pen. Code, § 459).

On April 1, 1976, a five-day de novo hearing was commenced by the superior court on defendants’ motion to suppress evidence consisting of approximately 57 items of property seized in a garage…