Mathis

This matter is before us following issuance of an alternative writ of mandate after denial of petitioner’s motion to suppress evidence in the municipal court, which action was affirmed without opinion by the appellate department of the superior court.

Petitioner was originally charged with a misdemeanor, possession of a restricted dangerous drug, in violation of Health and Safety Code section 11910. She thereafter filed a motion to suppress evidence under Penal Code section 1538.5, subdivision (g), which motion was denied, and she appealed under section 1538.5, subdivision (j), and rule 181, California Rules of Court.

The sole issue presented by the petition is whether the search of petitioner’s car constituted an unreasonable search within the meaning of the Fourth Amendment.

Facts

On Sunday, December 19. 1971, petitioner’s vehicle entered the Rio Consumnes Correctional Center in southern Sacramento County through a driveway and entrance into a parking lot immediately adjacent to the facility. Petitioner’s vehicle came to a stop in a parking space in the parking lot and the motor was turned off. Deputy Sheriff Robert Lopez, then on duty at the center, and a companion…