People v. Superior Court (Tunch)

Good Law

145 Cal. Rptr. 795·1978 Cal. App. LEXIS 1452·80 Cal. App. 3d 665

Court of Appeal of CaliforniaMay 8, 1978Civ. 42202California5,776 words

Opinion

Elkington, J.

We issued an alternative writ of mandate on application of the People in order to review an order of the superior court suppressing evidence of (1) a statement made by Kenneth Wayne Tunch and (2) certain physical evidence, an automobile owned by him. The order was based on the superior court’s determination that Tunch’s Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) rights were violated by failure of a police officer to admonish him according to that authority prior to a custodial interrogation.

A fatal “felony hit-run” (see Veh. Code, § 20001) occurred late one rainy evening in the City of Oakland. The victim “appeared to have a gunshot wound in his leg and had been hit by the—vehicles.” One of the police officers assigned to the case learned from an eyewitness that one of the offending vehicles was a Chrysler with license plates numbered 051 ATZ. Further investigation disclosed that the automobile had been sold to Kenneth Tunch, with two Oakland addresses given, one being 2958 Fruitvale Avenue, and whose name was familiar to the officer. Later that night a police search for the car in the general areas of Tunch’s…

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Parties

The PEOPLE
Plaintiff
THE SUPERIOR COURT OF ALAMEDA COUNTY
Defendant

Judges

Elkington

Cites (72)

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69 Cal. 2d 751
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