Burke
Burke v. Superior Court
Opinion
Lead Opinion
Elkington, J.
We issued an alternative writ of mandate in order to consider the legality of a warrantless search of a motor vehicle for contraband. It was based upon an untested “citizen informer’s” untrue report of his observations which the superior court found was reasonably and in good faith believed by sheriff’s officers to constitute probable cause for the search.
Substantial evidence established the following to the satisfaction of the respondent superior court.
A person describing himself by name and as a reserve Sacramento County Sheriff’s deputy telephoned the Sonoma County Sheriff’s office. He reported that looking out the window of his room in the Tides Motel on the Sonoma County coastside, he had observed “some people either dealing or using drugs.” He described the group’s automobile by appearance and *31 license number, and stated he “was positive there was marijuana in that vehicle and drugs.” He said the stuff was in the trunk and that some had been placed in a Samsonite case within the trunk. About five minutes.later a sheriff’s officer arrived at the motel and locating the informant’s room, talked to him. After obtaining “a verification on the license number” from…