Smith v. Superior Court of City & Cnty. of S.F.

*258 *3 On April 26, 2018, Robert T. Smith filed a petition for writ of mandate, seeking review of the lower court's denial of his non-statutory motion to return property, to wit 21.8 grams of recreational marijuana. After considering the evidence, arguments and applicable law, we hereby GRANT the petition for writ of mandate. We hereby order the lower court to vacate its previous order denying the motion for return of property, and enter a new order consistent with this decision.

FACTUAL AND PROCEDURAL BACKGROUND

On January 9, 2018, SFPD Officer MacMahon responded to 923 Market Street to investigate a report of a man making threats with a possible gun. Officer MacMahon ultimately arrested petitioner. Officer MacMahon performed an inventory search of petitioner's backpack, seizing 21.8 grams of marijuana and $574.21 in cash. On January 11, 2018, petitioner was charged by misdemeanor complaint with two counts of criminal threats ( Pen. Code, § 422 ) and one count of disturbing the peace ( Pen. Code, § 415, subd. (3) ). These charges were dismissed pursuant to Penal Code section 1385 on March 7, 2018.

On April 10, 2018, the lower court heard and denied petitioner's motion to…