People v. Superior Court

Petitioner seeks a writ of mandate from this court to compel respondent court to set aside its order granting the motion of real party in interest to suppress evidence.

Carmelo Colon, real party in interest, was arrested for violation of Penal Code section 647, subdivision (f), (being in a public place under the influence of intoxicating liquor).

At approximately 11 p.m. on May 23, 1972. two police officers were summoned to a bar in Salinas on a disturbance call. Arriving at the bar, the officers discovered the defendant and another man engaged in an argument with a barmaid. The defendant, Colon, appeared to be under the influence of an intoxicating beverage. After being asked to leave and refusing, the defendant was arrested and was transported to the police department where he was booked for violation of Penal Code section 647. subdivision (f). As a part of the booking process, defendant's property was removed from him, at which time the police discovered 35 small white pills later identified by a qualified expert as methamphetamine. Colon was subsequently charged with violation of Health and Safety Code section 11910 (unlawful possession, of dangerous restricted…