Vandenberg

The petitioner seeks a “writ of prohibition and/or mandate” to nullify the effect of the court’s order denying his motion to suppress evidence seized on a search of his residence.

Factual Background

Los Angeles County Deputy Sheriff John Rodriguez was the only witness concerning the reasonableness of the challenged search and seizure. In the course of an investigation of 25 persons for smuggling marijuana into the United States he several times observed a vehicle at the residence of one of the suspected smugglers. A check through the records of the Department of Motor Vehicles revealed that the vehicle was registered to Andrew William Vandenberg whose address was 17545 Ryon Street, Bellflower, California.

Deputy Rodriguez was advised by another officer that a person named Randy William Vandenberg was a user of narcotics and drugs and lived at the same address on Ryon Street. Acting on this information Officer Rodriguez went to 17545 Ryon Street on January 31, 1969 to investigate the possible illegal use or possession of narcotics or drugs at that location by Randy William Vandenberg (hereinafter referred to as the petitioner). Deputy Rodriguez knocked on the door and…