People v. Superior Court

The People petition for a writ of mandate or prohibition under Penal Code, section 1538.5, subdivision (o), to contest a superior court decision (1) concluding an arrest warrant was invalid, and (2) suppressing evidence because of the warrant’s invalidity.

About midnight, June 28, 1967, Sheriff Deputies Wigginton and Olmstead, while patrolling a high intensity narcotics area near Palm City, a few miles north of the border with Mexico, saw a 1950 Oldsmobile with its interior lights on, parked by a reservoir. Two people were moving around outside the vehicle, but were inside it by the time the deputies reached the vehicle to investigate. Male driver Copeland and female passenger Peterson (Real Parties in Interest) identified themselves.

Copeland- said Tom Harris owned the car, but the registration slip identified the owner as Victor Earl Harris. Suspecting the ear might be stolen, Olmstead placed a radio check on the car and its occupants. The return, about five minutes later, indicated the car was not stolen, but there might be a warrant outstanding for Copeland’s arrest. Awaiting more radio information on the warrant, the deputies asked for Copeland’s permission to search the…