Tidwell

Petitioner William Tidwell seeks review by writ of mandate of the denial of Penal Code section 1538.5 motions to suppress. He and his brother Robert were indicted in September 1967 on three separate counts of murder. Petitioner was found guilty of each charge by a jury and was sentenced to death. The California Supreme Court reversed the judgments for refusal to grant the defense’s motion for change of venue. (People v. Tidwell, 3 Cal.3d 62 [ 89 Cal.Rptr. 44 , 473 P.2d 748 ].) Venue was then changed from Lassen County to Humboldt County.

On August 14, 1967, Deputy Sheriffs Lake and Austin went to the residence of William and Robert Tidwell to question them concerning certain activities. No one was at home, so they talked briefly to the occupant of the adjoining apartment. She informed them that petitioner’s apartment was unusually furnished for two young men, and that they slept a great deal during the day and were out during the night. The officers testified that they had occasion to observe the residence during the following two days and, seeing no car in the driveway, made no effort to call at the residence. On August 17 a car was seen in the driveway and in the late…