People v. Superior Court (Freeberg)

Proceeding in mandate to require the superior court to vacate an order suppressing evidence. Peremptory writ issued.

Facts

Defendant and real party in interest Jan Freeberg was charged with having committed the felony of having sold marijuana in violation of Health and Safety Code section 11360, subdivision (a). The offense was committed in the City of Pasadena, the investigating and arresting officers were police officers of the City of Glendale.

In 1978, the Chiefs of Police of the Cities of Pasadena and Glendale exchanged letters giving consent, pursuant to Penal Code section 830.1, subdivision (a)(2) as the subsection is now designated, that the officers of their respective neighbor should have authority to act as peace officers within the city giving consent. These blanket letters of exchange were still in effect on April 9, 1980, when Mr. Freeberg was arrested.

Officer Pierce was an undercover police officer assigned to narcotics investigations in the Glendale Police Department. On the basis of information received from an informant he went to a house at 19-Vi Daisy Street in Pasadena and, posing as a buyer, personally bought a quarter of an ounce of marijuana…