People v. Superior Court (Courie)

We have before us in this extraordinary writ proceeding the question of whether respondent superior court erred in suppressing certain contraband which the People intended to use in a criminal prosecution. The suppression order was entered upon motion of the real party in interest, defendant Randall James Courie, who was charged in a multi-count information with possession of marijuana (Health & Saf. Code, § 11357), possession of marijuana for the purpose of sale (Health & Saf. Code, § 11359, subd. (a)) and transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)). The order suppresses as evidence three-and-a-half “kilos” of marijuana which were discovered by the police in the trunk of defendant’s car. The People seek a writ of mandate directing respondent court to annul the suppression order and to enter instead an order denying defendant’s motion. Since the prosecution still is pending, the petition for the writ lies. (Pen. Codé, § 1538.5, subds. 0, (o).)

Facts

On March 21, 1974, around 2 a.m., Deputy Sheriffs Charles Kemerer and Edward Baker observed a car being driven by defendant on Foothill Boulevard. Their attention was drawn to the car by the erratic…