(Download) "Halpin V. Superior Court Of San Bernardino County" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Halpin V. Superior Court Of San Bernardino County
- Author : Supreme Court Of California
- Release Date : January 24, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
On February 3, 1971, petitioners Thomas and Rebecca Halpin, husband and wife, and Martin Silva were charged by indictment with conspiracy to transport marijuana (Pen. Code, § 182, subd. 1; Health & Saf. Code, § 11531), transportation of marijuana (Health & Saf. Code, § 11531) and possession of marijuana for sale (Health & Saf. Code, § 11530.5). The trial court denied their motions to set aside the indictment (Pen. Code, § 995) and to suppress evidence (Pen. Code, § 1538.5) which consisted of over 500 pounds of marijuana seized pursuant to an allegedly invalid search warrant and an incriminating tape recording made by police officers who eavesdropped on a conversation initiated by Halpin to his wife from a telephone located within the jail facility. Petitioners now seek a statutory writ of mandate (Pen. Code, § 1538.5, subd. (i)) to compel the trial court to suppress the aforementioned evidence. For reasons hereinafter set forth, we hold that the marijuana and the tape recording must be suppressed as evidence and that a peremptory writ of mandate must issue.
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