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.
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.