Pierson

The petitioners, Patricia Ann Pierson and Robert Pierson, seek a writ of mandate to require the Superior Court of Los Angeles County to vacate its order denying their motion to suppress evidence seized by the police in the search of (1) the Pierson residence, (2) the person of Michael (Mike) Levy, and (3) a pickup truck.

Factual Background

An information was filed charging the petitioners with possession of heroin for sale (Health & Saf. Code, § 11500.5) and possession for sale of a restricted dangerous drug (Health & Saf. Code, § 11911). Pursuant to Penal Code section 1538.5 the petitioners obtained a de novo evidentiary hearing in support of their motion to suppress certain evidence claimed to have been seized illegally.

The evidence at the hearing consisted solely of the testimony of Officer Figelski, the arresting officer. He testified that he had been employed as a police officer, for seven years; that he was assigned to the narcotics division for a year and a half; that he had just left this division. It was stipulated that he was an expert in the field of narcotics.

Officer Figelski testified that, at about 10:30 p.m., November 18, 1968, he went to 12621…