Agar

Petitioner seeks a writ of mandate after denial of his motion under Penal Code section 1538.5 to suppress evidence (a marijuana cigarette) found by the police in an alleged illegal booking search which they conducted after petitioner’s arrest for reckless driving, and petitions this court to compel the trial court to exclude this evidence in the prosecution of the charge against him (unlawful possession of marijuana, a violation of Health & Saf. Code, § 11530).

On January 16, 1971, Los Angeles County Deputy Sheriff Munoz and his partner were driving on routine patrol westbound on Telegraph Road, approaching Norwalk Boulevard. At approximately 12:52 a.m., Munoz heard loud racing of engines and observed two vehicles traveling eastbound on Telegraph at what seemed to be a high rate of speed, in what appeared to be a speed contest of some sort. Munoz and his partner then turned their patrol car around so that they were then driving eastbound on Telegraph Road. The officers then clocked the vehicles at approximately 55 miles per hour in a 45 miles per hour zone, and Munoz observed the vehicles changing lanes quite rapidly. The two vehicles were a red Ford Fairlane and a red…