Brown

Brown v. Superior Court

Good Law
110 Cal. Rptr. 107·1973 Cal. App. LEXIS 824·34 Cal. App. 3d 539
Court of Appeal of CaliforniaOctober 10, 1973Civ. 32991California1,702 words

Opinion

Opinion

Elkington, J.

We issued an alternative writ of prohibition to inquire into the validity of a search which produced evidence essential to a successful prosecution of petitioner Annie Brown on a narcotics charge. The questions presented relate to police compliance with Penal Code section 1531 (one of the so-called “knock and notice” statutes), and an alleged search of petitioner, an occupant of the subject premises.

The superior court had denied motions to dismiss the charge (see Pen. Code, § 995), and to suppress the subject evidence (see Pen. Code, § 1538.5). Our inquiry is not how we, ourselves, would have determined the motions, but whether there was substantial evidence in support of the superior court’s rulings. Under similar factual issues it was said in People v. Barthel, 231 Cal.App.2d 827, 832 [ 42 Cal.Rptr. 290 ], “[W]e are required to assume, in the light most favorable to the judgment, the existence of every fact including all inferences which the trial court could have reasonably deduced from the evidence.” (And see Badillo v. Superior Court, 46 Cal.2d 269, 271-272 [ 294 P.2d 23 ]; People v. Murray, 21 Cal.App.3d 864, 867 [ 99 Cal.Rptr. 55 ]; Crueger v. Superior Court, 7…

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