Bielicki

Bielicki v. Superior Court

Good Law

1962 Cal. LEXIS 206·21 Cal. Rptr. 552·57 Cal. 2d 602·371 P.2d 288

Supreme Court of CaliforniaMay 10, 1962L. A. No. 26693California2,525 words

Opinion

lead Opinion

Schauer, J.

Petitioners seek prohibition to restrain respondent superior court from proceeding to trial on an information charging them with violation of section 286 of the Penal Code (the infamous crime against nature).

Timely motion was made at the preliminary examination to exclude all of the evidence offered by the State on the ground that it had been obtained by an illegal search and seizure in violation of the constitutional guarantees (U.S. Const., 4th and 14th Amends.; Cal. Const., art. I, § 19). The motion was denied and petitioners were held to answer. Petitioners then moved in the superior court to set aside the information for lack of reasonable or probable cause (Pen. Code, § 995) in that their commitment was based entirely upon inadmissible evidence. The motion was denied. We have concluded that on the particular facts of this case the challenged evidence was inadmissible and hence that the peremptory writ should issue.

The sole witness at the preliminary examination was Officer Hetzel of the Long Beach Police Department’s vice squad. Officer Hetzel testified in substance to the following facts: The Pike Corporation, owner of an amusement park in the City of Long Beach, had…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.

Parties

ROBERT JOHN BIELICKI
Plaintiff
THE SUPERIOR COURT OF LOS ANGELES COUNTY THE PEOPLE
Defendant

Judges

Schauer

Cites (45)

49 Cal. 2d 199
46 Cal. 2d 269
144 Cal. App. 2d 214
339 U.S. 56
46 Cal. 2d 301
282 U.S. 344
331 U.S. 145
141 Cal. App. 2d 499
285 U.S. 452
251 F.2d 1
174 F. Supp. 539
278 F.2d 504
364 U.S. 823
53 Cal. 2d 96
148 Cal. App. 2d 392
47 Cal. 2d 374
47 Cal. 2d 45
45 Cal. 2d 751
197 Cal. App. 2d 33
195 Cal. App. 2d 282
182 Cal. App. 2d 431
175 Cal. App. 2d 489
45 Cal. 2d 755
180 Cal. App. 2d 99
193 Cal. App. 2d 437
146 Cal. App. 2d 630
45 Cal. 2d 776
180 Cal. App. 2d 534
149 Cal. App. 2d 395
142 Cal. App. 2d 160
53 Cal. 2d 407
192 Cal. App. 2d 525
183 Cal. App. 2d 107
154 Cal. App. 2d 520
50 Cal. 2d 812
153 Cal. App. 2d 88
150 Cal. App. 2d 786
183 Cal. App. 2d 670
166 Cal. App. 2d 638
148 Cal. App. 2d 198
195 Cal. App. 2d 669
180 Cal. App. 2d 140
163 Cal. App. 2d 821
152 Cal. App. 2d 471
140 Cal. App. 2d 791