People v. Superior Court

The People, by means of a petition for writ of prohibition, have asked us to review, pursuant to Penal Code section 1538.5, subdivision (o), the trial court’s order, after an evidentiary hearing, suppressing all of the evidence obtained by three sheriff’s deputies from the Real Party in Interest, Michael Howard Saari, on the basis that this evidence was obtained by means of an unconstitutional search and seizure. We do not think it was and, therefore, appropriate relief by writ of mandate will be granted the People. (Cf. Stapleton v. Superior Court, 70 Cal.2d 97, 104 [ 73 Cal.Rptr. 575 , 447 P.2d 967 ].)

The Facts

Just prior to 6 p.m. on April 22, 1969, the Santa Barbara sheriff’s office received a telephone call from the FBI in Monterey, California, informing them that an anonymous informer had told the FBI that a white male, about 22 to 23 years old, with short blond hair, a surfer type, approximately 5 feet 11 inches tall and approximately 165 pounds in weight, wearing a sports suit, was due to arrive in Santa Barbara on Flight 240 of the Cal-State Airlines at about 6:25 p.m., that he was armed with a .22 caliber pistol and was known to be violent, and he would be…