P. v. Super. Ct.
Shunnee King, the defendant in a pending criminal proceeding in superior court, filed a motion to suppress certain evidence (Pen. Code, § 1538.5),[1] contending that the evidence was unlawfully seized during the execution of a search warrant at his residence. The trial court granted the motion, finding that the search warrant did not authorize the seizure of the contested items. The People have filed a petition for writ of mandate (§ 1538.5, subd. (o)) contending that the trial court erred in granting the motion, as the contested items were contraband that were either in plain view or located in a place the officers were authorized by the warrant to be. For the reasons stated below, we agree with the People that the trial court erred in suppressing a money clip and its contents that were found inside a shoe box in the bedroom, subsequent interviews of two alleged victims, defendant's ID that was found on a couch in defendant's bedroom, and gang-related items. However, we find that the trial court properly granted defendant's motion to suppress in all other respects. Accordingly, we will issue a writ of mandate directing the trial court to vacate its order granting the motion to suppress and to enter a new order granting the motion to suppress as to all contested items except the money clip and its contents, the subsequent interviews of the two alleged victims, defendant's ID, and the gang-related items.
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