Gomes

On June 20, 1968, petitioner’s automobile was impounded by the police. It contained a suitcase. Pursuant to departmental policy the suitcase was taken to the police station. Officer Shoales looked inside the suitcase “to ascertain any identification to book the property to an individual. ’' He found numerous pictures and “personal identification; and on further search, further checking the suitcase” he found an unsealed white envelope which contained marijuana. Petitioner was arrested when he came to the police station to claim his automobile.

Eventually an information was filed in the respondent court accusing petitioner of a violation of section 11530 of the Health and Safety Code. On November 26, 1968, petitioner moved to suppress the marijuana charge under the provisions of section 1538.5 of the Penal Code. Officer Shoales testified. The motion was orally denied that day. The smooth minutes for that day’s proceedings were, however, not entered until December 9,1968.

On December 27, 1968, petitioner filed his petition for a writ of mandate or prohibition with this court. Because we thought that the legality of the seizure of the marijuana presented an important legal point,…