Opinion

People v. Mickelson

  • 59 Cal. 2d 448
  • 30 Cal. Rptr. 18
  • 380 P.2d 658
  • 1963 Cal. LEXIS 174
Court
California Supreme Court
Filed
Apr 18, 1963
Status
Published
Author
Peters
On the bench
Traynor, Peters, McComb
Cited by
337 cases
Authority
More cited than 5.6%

Oct. Term 1967, No. 67, Dec. June 10, 1968.

How later courts described this case

  • Oct. Term 1967, No. 67, Dec. June 10, 1968.

Written by the judges who cited it.

Distinguished

  • Distinguished by People v. Earl, 216 Cal. App. 2d 607 (1963)

    Cal.2d 448 [30 Cal.Rptr. 18, 380 P.2d 658] is factually distinguishable.
    California Court of AppealMay 24, 1963Read it

The opinion

PETERS, J.

I concur.

I agree that the search here involved was illegal, both under state and federal law. Therefore, I agree that the order appealed from must be affirmed. But, in my opinion, such holding makes it unnecessary to discuss the scope and impact on state law of the decision of Mapp v. Ohio, 367 U.S. 643 [ 81 S.Ct. 1684 , 6 L.Ed.2d 1081 ]. In my opinion the determination of that important constitutional question should be left to a ease where it is directly involved.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.