Willett

Marvin John Willett petitions for writ of prohibition or mandamus after the superior court denied his Penal Code section 1538.5 motion to suppress marijuana and dangerous drug evidence found by the police in a warrantless search of his car. Willett is charged with possessing marijuana (Health & Saf. Code § 11530), possessing marijuana for sale (Health & Saf. Code § 11530.5), possessing restricted dangerous drugs (Health & Saf. Code § 11910), and for failing to notify authorities of a change in his address while he was a registered narcotics offender (Health & Saf. Code § 11853).

On March 17, 1969, about 5:30 p.m., San Diego Police Officer Perry B. Morse stopped Willett and his two passengers in Willett’s car to issue him an equipment warning because the car’s right tail light was out. Although it was still light out, Willett was driving with his car lights on.

After checking Willett’s driver’s license and registration, Officer Morse radioed the police department for a records check on Willett and his two passengers. Meanwhile another officer, unnamed, interrogated the two passengers after asking them to get out of the car. Officer Newman arrived in response to Morse’s…