People v. Superior Court

Petitioner asks for a writ of prohibition to restrain the superior court from enforcing its order returning moneys, seized under search warrants, from Nebiolini, Frugoli and Gunter, and, pursuant to an arrest, from Becker (real parties in interest). The court’s order of return was pursuant to a motion made by real parties, in interest under section 1538.5 of the Penal Code.

The facts disclose that much of the property ordered returned was seized under valid search warrants, which recited, on proof by affidavit, as follows: *874 “That there were used by the said {real parties in interest] and others, and it is intended that there be used as the means of committing said offenses, the following described articles and property:

Under these warrants the sum of $47.65 was taken from the person and premises of Nebiolirti at Ernie’s Barber Shop in South San Francisco, $159 from the person of Frugoli at the New Southern Restaurant in South San Francisco, and a total of $676.65 from the person, premises and automobile of Gunter at Welte’s Bar in South San Francisco. An unknown sum of money was seized from Becker, pursuant to her arrest. No money was taken from Pasco. Returns…