Saam

Introduction

This appeal tests the legality of a seizure of the contents of a locked toolbox found in a garage during the execution of a valid search warrant. The toolbox was opened by means of a key which had been surreptitiously taken from the person of appellant who was sleeping on a couch in the living room. Although we recognize the seizure of the key was illegal, we nevertheless conclude that the officer’s authority to search the toolbox was independently derived from the search warrant and was not nullified by the seizure of the key. We also reject appellant’s other contentions and affirm the judgment.

Statement of the Case

Appellant was charged by complaint with violating Health and Safety Code section 11378, possession of methamphetamines for purpose of sale. At the preliminary hearing, appellant’s Penal Code section 1538.5 motion to suppress the evidence seized pursuant to the search warrant was granted, and the complaint was dismissed.

The People then sought and obtained a grand jury indictment charging appellant with the same offense. At his arraignment in the superior court, appellant entered a not guilty plea to the indictment and again moved to suppress…

I respectfully concur with and dissent from the majority opinion.

I concur in the belief that the previous suppression of evidence did not have to be revealed to grand jurors based upon considerations of public policy. Under Johnson, the district attorney is obligated to inform grand jurors of evidence “reasonably tending to negate guilt.” (Johnson v. Superior Court (1975) 15 Cal.3d 248, 251 [ 124 Cal.Rptr. 32 , 539 P.2d 792 ].) In Johnson , the prosecutor had not informed the grand jury about a defendant’s testimony at a preliminary hearing which led a magistrate to dismiss charges against him. {Id., at p. 250.) I read Johnson as encompassing more than just evidence which is directly exculpatory in nature. Johnson was partially based on an antecedent case, People v. Ruthford (1975) 14 Cal. 3d 399 [ 121 Cal.Rptr. 261 , 534 P.2d 1341 ], which dealt with prosecutorial suppression of material evidence at trial. Ruthford held that there was a duty on the part of the prosecution “to disclose all substantial material evidence favorable to an accused, whether such evidence relates directly to the question of guilt, to matters relevant to punishment, or to the credibility of a material…

This appeal tests the legality of a seizure of the contents of a locked toolbox found in a garage during the execution of a valid search warrant. The toolbox was opened by means of a key which had been surreptitiously taken from the person of appellant who was sleeping on a couch in the living room. Although we recognize the seizure of the key was illegal, we nevertheless conclude that the officer's authority to search the toolbox was independently derived from the search warrant and was not nullified by the seizure of the key. We also reject appellant's other contentions and affirm the judgment.

Appellant was charged by complaint with violating Health and Safety Code section 11378, possession of methamphetamines for purpose of sale. At the preliminary hearing, appellant's Penal Code section 1538.5 motion to suppress the evidence seized pursuant to the search warrant was granted, and the complaint was dismissed.

The People then sought and obtained a grand jury indictment charging appellant with the same offense. At his arraignment in the superior court, appellant entered a not guilty plea to the indictment and again moved to suppress the evidence on the…