People v. Superior Court (Karpel)

This is a proceeding in mandamus to compel respondent court to vacate its order granting real parties in interest’s motion to suppress evidence. (Pen. Code, § 1538.5.) The evidence adduced at the hearing on the motion to suppress was as follows:

In April 1975, officers of the Los Angeles Police Department were told by an unidentified informant that real parties in interest Martinez and Karpel were trafficking in cocaine and amphetamines. The informant advised that Martinez lived in an apartment on Coldwater Canyon Boulevard, Karpel in a house on Bakman. Intermittent surveillance maintained at the two locations established that Martinez was a frequent visitor at Karpel’s house and on occasion the two men drove each other’s cars. On July 29, 1975, Martinez sold a quantity of cocaine to an undercover officer. No arrest was made at that time.

On August 7, 1975, Martinez, while under surveillance, drove to Karpel’s house and went inside. A short time later Martinez and Karpel came out and walked to Martinez’ car. Martinez was carrying a brown paper sack which he had not had when he arrived. He put the sack in the car, got in and drove off. Karpel went back inside his house.…