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North V. Superior Court Of Riverside County

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eBook details

  • Title: North V. Superior Court Of Riverside County
  • Author : Supreme Court Of California
  • Release Date : January 16, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 80 KB

Description

Petitioner North is charged with kidnapping and assault with a deadly weapon. Pursuant to Penal Code section 1538.5, petitioner moved the superior court to suppress certain evidence linking him to the crimes charged. His motion was denied and he now seeks mandate to review that denial. (Pen. Code, § 1538.5, subd. (i).) We have concluded that petitioner's motion was properly denied with respect to evidence obtained following a seizure of petitioner's automobile subsequent to his arrest. We further hold, however, that evidence of a "jailhouse" communication between petitioner and his wife which was secretly tape-recorded by police officers should have been ordered suppressed as an impermissible invasion of marital privacy. Accordingly, mandate should issue with respect to such evidence.


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