Bay

Statement of Case

As part of an investigation that petitioner was practicing law without a license and was obtaining funds by false pretenses, Investigator Ray Cereghino of the Fresno County District Attorney’s Office sought a search warrant for petitioner’s apartment. Because of the nature of the petition before this court, the background facts are not particularly well developed; however, from the moving papers of both parties we glean that the magistrate issued a search warrant based upon the affidavit of Investigator Cereghino. Apparently, because of concerns about lawyer/client privilege regarding communications from individuals who may have believed petitioner was an attorney, the magistrate appointed Samuel C. Palmer III to serve as a special master in the case. Investigator Cereghino served the search warrant and Special Master Palmer conducted the search. Following the seizure of numerous documents, petitioner filed a suppression motion on the ground the search warrant was overbroad. The motion was denied and petitioner now seeks a writ of mandate directing respondent court to vacate its order denying his motion and to enter a new and different order granting…