Sims

The petition for writ of mandate filed September 16, 1985, has been read and considered. By order of September 18, 1985, we gave notice of our intention to issue a peremptory writ in the first instance in this matter, and invited the parties to brief the court on the issue whether the respondent court properly exercised jurisdiction over the proceedings pending therein. The opposition to the petition filed by the real party in interest (Police Department) September 24, 1985, in response to the court’s invitation has been read and considered.

*1067 Petitioner filed a motion for the return of property in the respondent court pursuant to section 1539, subdivision (a)(iii) of the Penal Code. The respondent conducted a hearing and thereafter issued an order denying the motion. Petitioner prays for a writ of mandate compelling the respondent to vacate its order and enter a new order granting the motion. We conclude the respondent lacked jurisdiction to hear the matter.

The transcript of the hearing on petitioner’s motion discloses the following facts: On July 12, 1985, officers in a Police Department helicopter flashed a spotlight on a vehicle they suspected was stolen.…