People v. Superior Court

The People have petitioned pursuant to Penal Code section 1538.5 for a writ of mandate to require the Superior-Court of the County of Los Angeles to vacate a limited order of suppression as to a portion of the evidence offered against the defendants.

The evidence which was suppressed consisted of quantities of marijuana and hashish, along with paraphernalia used to package and sell the same, taken from a house in which defendant Clyda Coovert and two other persons (neither of whom is presently a defendant in this action) were arrested on April 13, 1972. The other defendants were arrested on that same date shortly after departing in automobiles from the location in question.

Prior to making the arrests, officers of the Los Angeles Police Department had conducted a surveillance at the house in question. As a result of observations made of the defendants’ conduct coupled with information which the officers had previously obtained, .the trial court found, and correctly so, that by 9:45 p.m. there existed probable cause to arrest each of the defendants for violation of the narcotic laws.

At 9:45 p.m., Officer Klein, one of the arresting officers, approached the house and…