# People v. Mickelson

> California Supreme Court · April 18, 1963 · 59 Cal. 2d 448

URL: https://www.frixlaw.com/law-library/cases/9559433

## Case

- **Full name:** The PEOPLE, Plaintiff and Appellant, v. CURTIS RAY MICKELSON, Defendant and Respondent
- **Court:** California Supreme Court
- **Decided:** April 18, 1963
- **Citations:** 59 Cal. 2d 448; 30 Cal. Rptr. 18; 380 P.2d 658; 1963 Cal. LEXIS 174
- **Precedential status:** Published
- **Opinion:** Concurrence by Peters
- **Judges:** Traynor, Peters, McComb
- **Cited by:** 337 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9559433

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9559433. Public record. Not legal advice.