People v. Superior Court

—A 19-year-oldcollege student, defendant and real party in interest Christopher Eugene Walker (defendant), was charged with possession of marijuana for sale. (Health & Saf. Code, § 11359.) Critical evidence supporting that charge was obtained from defendant’s dormitory room at Santa Clara University (University) as a result of a warrantless search and seizure by police officers of the City of Santa Clara.

Defendant brought a motion to suppress evidence pursuant to Penal Code section 1538.5. He contended that evidence supporting the charge against him—i.e., marijuana, a digital scale, and $1,800 cash (collectively, the contraband )—was illegally seized by the police. After an evidentiary hearing, submission of supplemental briefing, and a further hearing, the superior court granted defendant’s motion to suppress. In so ruling, the court rejected the People’s contention that the search and seizure of the contraband was reasonable because a University security officer—who had the lawful right to be present in defendant’s dormitory room—had given consent for the police to enter the room.

The People filed a statutory petition for writ of mandate challenging the suppression…