Davis

I concur in the result but only in the result.

People v. Privitera (1979) 23 Cal.3d 697 [ 153 Cal.Rptr. 431 , 591 P.2d 919 ] settles the matter and this case should be disposed of with a simple citation to it. Everything else in the majority’s opinion is dicta. The *262 review of the trial court’s “findings” is all wasted motion. If the findings were otherwise would we come to a different result? I do not see how we could but we should then at least be put to the task of fashioning proper standards for reviewing a determination of “constitutional fact.” That we are not reviewing a conventional record is obvious and we should be mindful of Professor Karst’s caution that, in these circumstances, “The broad generalization and the unconsidered or unexplained decisión tend to substitute judicial fiat not only for the rule of a democratic majority but also for the rule of law.” (Karst, Legislative Facts in Constitutional Litigation, 1960 Sup.Ct.Rev. 75, 75-76.) (Fns. omitted.)

Some of the majority’s dicta confuses me and some of it distresses me. I am confused by the notion of “psychological addiction.” What can that mean? That one will be inclined to repeat an experience that he or…

I concur and I have concluded that Justice Scott with his customary acumen has correctly stated the Privitera court’s view that California’s right of privacy was intended “to prevent encroachment upon personal freedom and security caused by increased surveillance and data collection activity.” However, I do not understand this to be necessarily Justice Scott’s personally held view as to the metes and bounds of the right of privacy. It is certainly not my view. In my mind, I continue to read and understand what our Supreme Court in White v. Davis (1975) 13 Cal.3d 757, 774 [ 120 Cal.Rptr. 94 , 533 P.2d 222 ] recognized, that “the general concept of privacy relates, of course, to an enormously broad and diverse field of personal action and belief...” I agree with the observation of our Chief Justice in her dissent in Privitera, “[t]he right of privacy is a concept of as yet undetermined parameters.” (23 Cal.3d at p. 711.) Manifestly, this is the case when the “legislative history” of article I, section 1 of our Constitution garnered from the election brochure argument, states in pertinent part: “The right of privacy is the right to be left alone. It is a fundamental and compelling…

The issue presented in these consolidated appeals is whether California statutes making unlawful the possession, possession for sale, and sale of cocaine (Health & Saf. Code, §§ 11350, 11351) deny appellants equal protection of the law, due process of the law, their right to privacy, and their right to be free from cruel and unusual punishment. [1] We conclude that those statutes have no constitutional infirmities.

All appellants except one were convicted on their pleas of guilty. They make no contention that they did not in fact violate the statutes upon which they were convicted. Their challenge is solely to the constitutionality of the statutes in question. Originally, 33 defendants charged with various cocaine crimes in Santa Clara County made the contention of the unconstitutionality of the cocaine statutes. Their motions were consolidated. Expert testimony and documentary evidence were introduced by both the defendants and the People. The Honorable Bruce Allen, Judge of the Superior Court of Santa Clara County, made extensive findings and ultimately denied the defendants' constitutional challenges. The appeals of seven of the defendants are consolidated…

*253 Opinion

The issue presented in these consolidated appeals is whether California statutes making unlawful the possession, possession for sale, and sale of cocaine (Health & Saf. Code, §§ 11350, 11351) deny appellants equal protection of the law, due process of the law, their right to privacy, and their right to be free from cruel and unusual punishment. 1 We conclude that those statutes have no constitutional infirmities.

All appellants except one were convicted on their pleas of guilty. They make no contention that they did not in fact violate the statutes upon which they were convicted. Their challenge is solely to the constitutionality of the statutes in question. Originally, 33 defendants charged with various cocaine crimes in Santa Clara County made the contention of the unconstitutionality of the cocaine statutes. Their motions were consolidated. Expert testimony and documentary evidence were introduced by both the defendants and the People. The Honorable Bruce Allen, Judge of the Superior Court of Santa Clara County, made extensive findings and ultimately denied the defendants’ constitutional challenges. The appeals of seven of the defendants are consolidated here.…