# Toubus v. Superior Court

> California Court of Appeal · January 7, 1981 · 114 Cal. App. 3d 378

URL: https://www.frixlaw.com/law-library/cases/9729494

## Case

- **Full name:** PHILIP CHARLES TOUBUS, Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest
- **Court:** California Court of Appeal
- **Decided:** January 7, 1981
- **Citations:** 114 Cal. App. 3d 378; 170 Cal. Rptr. 697; 1981 Cal. App. LEXIS 1283
- **Precedential status:** Published
- **Opinion:** Concurrence by Poche
- **Judges:** Anderson, Poché
- **Cited by:** 4 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/9729494

## Opinion text

POCHÉ, J.
I concur in the judgment and in parts IV and V of the lead opinion.
Before the entry by the three officers led by Officer Platt which gives rise to appellant’s primary contentions, other undercover police officers were already lawfully in the residence and were eyewitnesses to the “buy.” With respect to them no Ramey or knock-notice problems arise. *387 The observations of these officers formed an independent basis for the search warrant and for the seizure of each item sought to be suppressed. Accordingly, I see no need to address the issues, particularly those of constitutional dimension, discussed in parts I, II and III of the lead opinion. Any illegality involved in the arrest by the other officers or by the entry of the residence by them is irrelevant for purposes of evaluating the denial of this section 1538.5 motion.
Petitioner’s application for a hearing by the Supreme Court was denied March 11, 1981.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9729494. Public record. Not legal advice.