Garcia

In this proceeding we issued an alternative writ of mandate to review the denial of a motion to suppress evidence made pursuant to Penal Code section 1538.5.

Based upon an affidavit executed by Inspector Hilliard of the Alameda County District Attorney’s office, a search warrant was issued on April 12, 1972, for the premises known as 1739 89th Avenue, apartment 4, Oakland. The legal sufficiency of this affidavit is not an issue in this proceeding.

On the evening of April 12, 1972, Officer Romero of the Oakland Police Department, accompanied by Sergeant Goldberg, Officers Neuman, Tyson, Balousek and Sergeant Rothacker, set out to execute the warrant. None of the officers were in uniform. Romero, Neuman, Tyson, and Goldberg proceeded to apartment 4 and stationed themselves on the landing in front of the door to the apartment. Neuman rang the doorbell and a young girl asked “Who is it?” Goldberg then answered, “Marvin, it’s Marvin.” (Goldberg’s given name is Marvin.) The door was then opened 6 to 10 inches. The officers could not see who was opening the door. Goldberg then pushed the door open, showed his badge to the girl and stated that he had a search warrant. He did…