Carlson

Richard O. Carlson and Neill V. Barton are charged with two counts of grand theft (Pen. Code, § 487.1) and one count of conspiracy to cheat and defraud (Pen. Code, § 182, subd. 4). They have petitioned this court for a writ of prohibition or mandate under Penal Code section 1538.5, subdivision (i), after denial of their motion to suppress evidence seized in the search of Carlson’s residence and certain records of accounts obtained by the district attorney from two banks after subpoenas duces tecum had been issued and served.

This court issued an order to show cause and stayed the superior court proceedings pending further order of this court. The District Attorney of San Diego County has answered on behalf of the People of the State of California as the real party in interest, and the Attorney General has applied for and received permission to file an amicus curiae brief in support of the People’s position. All appearing parties have argued orally.

The motion to suppress evidence was heard and determined on the transcript of the testimony given at the preliminary examination, extensive oral testimony introduced at the superior court hearing and the exhibits which were…