People v. Superior Court

This is a mandate proceeding brought by the People to review an order of the respondent court under Penal Code section 1538.5 suppressing the contents of a plastic baggie which had been taken from the closed engine compartment of an automobile.

In the underlying superior court action the defendant (real party in interest here) was charged with possession of phencyclidine, commonly known as PCP, for sale in violation of Health and Safety Code section 11378.5. The motion to suppress was submitted upon the testimony of Deputy Sheriff McCann received at the preliminary examination. The material facts are simple and undisputed. The trial judge stated that he fully credited the testimony of the People’s witness.

*453 Deputy McCann testified that, at 5 a.m. on October 27, 1979, he and his partner in uniform were patrolling in a marked sheriff’s vehicle looking for a stolen car which had been reported to be in the area. They saw a 1964 Chevrolet parked on private property with the engine compartment hood up. Defendant was standing in front of the Chevrolet and “numerous” persons were standing to the rear of it. McCann stopped his vehicle about 15 or 20 feet away from the…