People v. Superior Court (Haflich)

An information charges real party in interest, Michael L. Haflich (defendant), with possession of cocaine and marijuana for sale. (Health & Saf. Code, §§ 11351 and 11359, respectively.) The trial court granted defendant’s motion to suppress evidence (Pen. Code, § 1538.5). The People seek a writ directing the trial court to vacate its suppression order. (Pen. Code, § 1538.5, subd. (o).) In its petition, the People assert the informant, upon whose information the searching officers relied, must be deemed a citizen and, as such, reliable. We agree.

Vice Principal Gregory Wright of the Claudia Landeen School was summoned to the school office during a lunch period to deal with a disturbance. When Wright arrived, he saw a man, later identified as Bruce Porter, talking loudly into the telephone. The school secretary stated Porter was talking to the police and that she had dialed the number for him. Porter refused Wright’s request to relinquish the telephone so Wright took it away from him. Wright identified himself on the telephone to a member of the Stockton Police Department who asked whether the call was a joke.

Meanwhile, Porter appeared very nervous and kept looking out…