Marts

Petitioner (defendant) Marts seeks a writ of mandate ordering the suppression of certain evidence which he alleges is the result of an illegal search.

Marts was on parole, and condition No. 14 of the parole reads: “Search: You shall submit to a search of your person, your residence, and any property under your control upon request by your agent, any agent of the Department of Corrections, or Law Enforcement officer.” On August 13, 1974, petitioner’s parole agent, Byrd, visited Marts’ residence, and when Byrd was admitted, he observed a small scale with unidentified powder thereon, a knife, and an open package of sandwich size baggies in the kitchen, where Marts’ common law wife (Silva) was cooking. Marts invited Byrd into the backyard, where Byrd was shown a newly planted lawn. On return to the house, Byrd observed that the scale, knife, and baggies had been removed from view. Byrd requested a urine sample from Marts, but was told that Marts was then unable to produce a sample and woúld go to Byrd’s office later in the week to comply. As Byrd left the residence, he was introduced to a newly arrived visitor to the house. Byrd observed him to be probably under the…