People v. Superior Court (Galbreath)

This is a proceeding in mandamus, brought by the People pursuant to Penal Code section 1538.5, subdivision (o), challenging respondent court’s order granting real party in interest’s motion to suppress evidence.

The facts testified to by the arresting officers are these: At about 9:15 p.m., March 19, 1979, Deputy Tamayo of the Los Angeles Sheriff’s Department and his partner, Deputy Bowler, were on patrol in a black and white sheriffs car when they observed a Cadillac straddling two traffic lanes and weaving back and forth for a distance of approximately two blocks. Tamayo activated his red light and, after continuing another block, the Cadillac stopped. Tamayo approached the Cadillac and found real party in the driver’s seat. Tamayo recognized real party as a former trusty at county jail whom Tamayo had known some five or six years earlier when he worked at the jail.

Upon recognizing real party, Tamayo said to him, “Hey, Rod, what’s happening? What have you been doing?” Real party got out of his car and he and Tamayo started a casual conversation relating to real party’s family and whether he was working. Because they were standing in the path of traffic, Tamayo said…