People v. Municipal Court

The People appeal from a judgment denying their petition for a writ of mandate sought to be directed to the Municipal Court of San Diego Judicial District (respondent court).

The real party in interest is Larry Lee Lott (Lott), defendant in a misdemeanor case in respondent court. Prior to trial of that misdemeanor action, Lott made a motion under Penal Code section 1538.5 to suppress evidence, which was granted. On appeal by the People to the superior court from the order granting the motion to suppress, that order was reversed on May 16, 1969.

On July 23, 1969, when the misdemeanor case came to trial, Lott was permitted, over objection from the People, to make anew a motion under Penal Code section 1538.5 to suppress the same evidence upon the ground the search that discovered the seized evidence was unreasonable under the decision in Chimel v. California, 395 U.S. 752 [ 23 L.Ed.2d 685 , 89 S.Ct. 2034 ], which had been decided on June 23, 1969, after the decision of the appellate department of the superior court.

An alternative writ of mandate issued from the superior court halting a ruling by the respondent court on the second motion to suppress, the decision on the…