Wilson

This petition for writ of prohibition presents a most troubling question, to wit: what remedy lies when a police officer illegally and surreptitiously eavesdrops on and records a conversation between a criminal defendant and his attorney while the defendant is in custody.

The facts are these: On September 30, 1976, 13-year old Latanya W. and her 12-year old brother Eric were walking home from school. In a field they met a man who, after some conversation, sent Eric on his way and raped Latanya. The rapist informed Latanya that his name was Mad Dog. Latanya got a good look at her attacker. She noticed some writing on his arm and a black mark under his eye which she described as a birthmark.

When Latanya got home she reported the attack and was taken to a hospital for examination. She told police that her attacker was 5 feet 6, 145 pounds, approximately 16 or 17 years old, and that he went by the name Mad Dog. A check of Compton Police Department Gang Detail records turned up petitioner’s name, an address on Wall Street, and the information that he went by the name of Mad Dog. Deputy Sheriff Bland knew that petitioner had moved out of the area, but that he had a younger…