People v. Superior Court

James Henry Clay, Calvin Larry Delaney, John Charles Gale, Edward Jeffery Lange, and Michael Boyd Randall (real parties in interest who will be described herein as “defendants”), together with' 41 other defendants, were charged in two multiple-count indictments with conspiracy to violate various sections of the Health and Safety Code involving narcotics and with violation of the sections.

Defendants moved in the superior court for suppression of certain evidence (Pen. Code, § 1538.5). The superior court granted the motion on March 5, 1973. We denied without opinion the People’s petition for writ of mandate to compel the superior court to set aside its order suppressing the evidence. On May 16, the Supreme Court granted a hearing, directed that an alternative writ of mandate issue as prayed, and retransferred the matter to this court for a review on the merits. On May 23, we issued the alternative writ of mandate and- ordered respondent court to show cause why a peremptory writ should not issue.

George R. Corley, special agent of the Bureau of Customs, was the sole witness for the prosecution at the suppression hearing. On March 19, 1969, while he was assigned to Los…