People v. Superior Court (Aquino)

The People of the State of California, represented by the San Francisco District Attorney, challenge a magistrate’s ruling denying them party status on a motion to return property seized during execution of a search warrant. They contend that the superior court erred in failing to issue a writ to compel the magistrate to grant them party status. We conclude that under the circumstances of this case, the magistrate exceeded his jurisdiction and the superior court erred. We direct the superior court to issue writ of mandate (Code Civ. Proc., §§ 904.1, subd. (a)(4), 1086).

The San Francisco District Attorney’s office has been involved in the ongoing investigation of real party in interest, Lieutenant Colonel Michael Aquino. Assistant District Attorney Michael Williams reviewed police reports and evidence, assisted in the preparation of the affidavit in support of a search warrant, reviewed the final form of the warrant before it was presented to a judge, reviewed all property seized pursuant to the warrant, and arranged with defense counsel for the return of many of the items seized. However, to date no criminal charges have been brought against Colonel Aquino.

Some three…