People v. Superior Court

Trumbull & Rush and John A. Trumbull for Real Party in Interest.

OPINION

SIMS, J.

The People by petition for writ of mandate (Pen. Code, § 1538.5, subd. (o)) seek appellate review of an order of the trial court which granted a motion to suppress evidence consisting of a plastic bag allegedly containing marijuana. The motion was interposed on behalf of a defendant who is accused by an information of possession of marijuana in violation of section 11530 of the Health and Safety Code, and possession of an alcoholic beverage by a minor in violation of section 25662 of the Business and Professions Code. The evidence in question [1] was secured from the defendant when he was subjected to a strip search in connection with his being placed in custody in the county jail following his arrest for possession of alcohol by a minor, [2] and for contributing to the delinquency of a minor (see Pen. Code, § 272).

An alternative writ of mandate has been issued commanding respondent superior court to vacate and set aside its order granting defendant's motion, or to show cause why it has not done so. Following return to the alternative writ the matter has been reviewed on a record consisting of…