Caligari

In an original proceeding before this court, petitioner Duane M. Caligari seeks a writ of prohibition and/or mandate to order the Superior Court of San Luis Obispo County to suppress certain evidence in a pending action in that court, and to order dismissal of said action.

Petitioner was charged with possession of cocaine for sale (Health & Saf. Code, § 11351). Petitioner’s motion under Penal Code section 1538.5 for suppression of evidence seized in a search pursuant to a warrant was heard in conjunction with his preliminary hearing and denied.

After being held to answer in superior court, petitioner renewed his motion and the motion was denied following a hearing. Trial date was set. This court issued an order staying the trial pending the determination of this petition.

The affiant, San Luis Obispo Police Officer Dean Treanor, stated he had met with a confidential informant within the week prior to his affidavit. This informant was a private citizen, with no criminal record known to Treanor, who was employed as a private security agent.

Informant met Treanor in San Luis Obispo and Treanor searched informant and his vehicle for money and contraband and found none.…