Raymond
Raymond v. Superior Court
Opinion
Opinion
Friedman, J.
Petitioner seeks a writ of prohibition to restrain the superior court from, taking further proceedings on an information charging him with marijuana possession. His motion to suppress evidence under Penal Code section 1538.5 was denied by that court. His appropriate remedy is not prohibition, but a writ of mandate directing suppression. (Greven v. Superior Court, 71 Cal.2d 287, 295 [ 78 Cal.Rptr. 504 , 455 P.2d 432 ]; Ojeda v. Superior Court, 12 Cal.App.3d 909, 921 [ 91 Cal.Rptr. 145 ].) We so treat it.
Petitioner’s 12-year-old son, Bill, discovered marijuana in the dresser drawers of his father’s bedroom.. He telephoned the sheriff’s office and arranged to meet a representative of the sheriff at his school. Accordingly, Bill and Sergeant Leeper of the sheriff’s office conferred in the office of the vice principal of the junior high school attended by Bill. Some months previously, he told the officer, he had gone into his father’s bedroom and found seeds and a leafy substance in a dresser drawer. He showed some of the substance to a deputy sheriff who lived nearby. The deputy told Bill that the material was marijuana and disposed of it. Since then, the boy narrated, he…