People v. Superior Court

Real parties in interest were charged with violation of Health and Safety Code section 11500.5 (possession of heroin for sale) with a prior felony conviction charged against each defendant. After pleas of not guilty and denials of the prior convictions, motions to dismiss the information (under Pen. Code, § 995) were denied. On a motion to suppress evidence under Penal Code section 1538.5 the superior court ordered suppression of certain items seized. The People seek a writ of mandate.

Of the evidence suppressed, a funnel, a knife, a plastic bag containing four measuring spoons and a box of empty balloons were the contents of an open shopping bag. The bag was in a hotel room. Evidence of the items found in the bag was suppressed under the trial court’s belief that search thereof fell within the proscriptions of Chimel v. California (1969) 395 U.S. 752 [ 23 L.Ed.2d 685 , 89 S.Ct. 2034 ]. Other evidence seized which had been in full view and taken from a dresser in the hotel room was suppressed as having been obtained as the result of violation of Penal Code section 844. We hold that the search and seizure of all evidence involved violated neither the Chimel rule nor the…