People v. Superior Court (McGraw)

The People seek a writ of mandate to compel respondent court to set aside its order returning certain valuable property previously seized by the police to real parties in interest, and to hold an evidentiary hearing to determine whether the property involved was stolen.

On March 24, 1978, the Oakland police served a search warrant on the residence of real parties in interest, Nathaniel McGraw and Robin Strong. They were authorized to seize some specified clothing, $30, a yellow pad, and “indicia of residency.” The affidavit supporting the warrant stated that McGraw was a suspect in an armed robbery where certain clothing was worn.

The officers executing the warrant had also received information from a police bulletin connecting real party in interest McGraw with burglaries of homes of persons of oriental descent. The person involved in these crimes seemed to prefer to take foreign currency and wrist watches. On January 20, 1978, McGraw had been arrested for the burglary of the home of an oriental victim. In the course of the search, the officers saw and seized items which appeared to be connected with these reported burglaries.

At the hearing on the motion to suppress…