Vickery
Vickery v. Superior Court
Opinion
Opinion
Selber, J.
— Paula McCoy and Edgar Herbert Vickery II are jointly charged in an information with a violation of section 11530 of the Health and Safety Code, possession of marijuana. They have filed separate petitions in this court seeking relief by way of mandate from an order of respondent court denying their respective motions to suppress evidence pursuant to section 1538.5 of the Penal Code. Inasmuch as both defendants were arrested at the same time and place and the facts leading up to the arrest are identical as to each of them, we deem it appropriate to consolidate the petitions for decision in this opinion.
On the evening of August 21, 1969, Hollywood police division broadcast information to its officers concerning an armed robbery of a gasoline station that had just occurred. Descriptions of both the vehicle used in the robbery and of the suspect were furnished. The vehicle was described as a white 1968 Ford station wagon. Its license number was also provided. The broadcast further suggested that the suspect might be armed and might also possess an unknown amount of money taken in the robbery.