Rideout v. Superior Court

432 P.2d 197 (Cal. 1967)

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Nature of the Case

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Facts

At a preliminary hearing Officer, Hazen testified that he pulled over a car being driving with a defective license plate light and that George Oliver got out of the car and met Hazen in the front of his car. Hazen then walked over to Oliver's car to check registration and obtain identification from the other passengers. It was ascertained that the car belonged to Oliver's father. Hazen also noticed several speakers and stereo tapes in the back of the car, and from previous information that such items had been stolen, Hazen asked for permission to search the car. Oliver permitted the search. The search was conducted, and a crutch, as well as marijuana cigarettes, were found in the car. Oliver did not reply as to who owned the illegal contraband. The information was filed based on that foregoing evidence, and a motion to have that information set aside was filed and denied. D appealed.