Wilder

Petitioner seeks a writ of mandate directing respondent court to vacate its order denying his motion to suppress evidence in a criminal action pending against him and to enter a new order granting said motion.

Facts

Petitioner stands accused by information of receiving stolen property in violation of Penal Code section 496. Petitioner moved respondent court to suppress as evidence in the criminal action a vehicle sun roof, rearview mirrors and luggage rack.

On November 9, 1978, a de novo hearing upon the suppression motion was held before respondent court. The hearing was short. The transcript contains a total of only 11 pages. Petitioner testified that he was arrested in Delano on or about May 16, 1978, by Officer Stenback and thereafter the officer took his Ford van; he was “sort of forced to” drive the van to Visalia; Officer Stenback told petitioner that if petitioner did not drive the van back to Visalia the officer would impound it in Delano. When the van was returned to petitioner a few days later, a sun roof, rearview mirrors and luggage rack which were attached to the vehicle when it was taken were missing. To petitioner’s knowledge, Officer Stenback did not…