Martinez

The petitioner, Jesse E. Martinez, seeks a writ of mandate to require the respondent superior court to vacate its order denying his motion to suppress photographs of evidence observed in the trunk of an automobile he was driving prior to his arrest.

Factual Background

An information was filed against the petitioner and Ruben Montez charging each of them with one count of burglary and one count of receiving stolen property.

Upon a motion pursuant to Penal Code section 995 the information was dismissed as to Ruben Montez.

Upon stipulation, the motion to suppress was based on the testimony contained in the transcript of the preliminary hearing and additional evidence presented by the People and by the petitioner. At the time the motion to suppress was denied the trial court made oral findings of fact in support of its conclusion that there was no unreasonable search or seizure under the facts presented to it.

There was no conflict in the evidence as to the facts leading up to the arrest of the petitioner. On June 29, 1969, at approximately 5 a.m., Officer Macquarrie, a Los Angeles County deputy sheriff, on patrol duty with a fellow officer, observed a 1962 Chevrolet…