Williams v. Superior Court
Opinion
Lead Opinion
Elkington, J.
In this matter we issued an alternative writ of mandate cm Robert James Williams’ petition for the purpose of reviewing a superior court order denying suppression of certain evidence in proceedings taken under Penal Code section 1538.5.
In a municipal court preliminary healing Williams was identified by one *411 Loren Carlson as the person who had robbed him and shot at him with a deadly weapon. The court, on this testimony, found probable cause to believe that Williams had perpetrated the crimes, and held him to answer for them in the superior court.
There is no dispute as to the facts.
On December 10, 1970, a police officer went to a hotel to investigate a complaint involving an abandoned car registered to one Tyree Vickers. There were also outstanding traffic warrants “for the car.” He learned that no person named Tyree Vickers lived there, but that a Tyree Odin did. He and the manager went to Tyree Odin’s room which the manager opened with a key. The officer entered and observed two closed briefcases; one was inside the closet and the other just outside. He opened the briefcase in the closet to determine whether the Tyree Odin who occupied the room was the same…