CITY OF SAN JOSE v. SUPERIOR COURT

Docket No. H003451.

195 Cal.App.3d 743 (1987)

240 Cal. Rptr. 882

CITY OF SAN JOSE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ASAN DABECIC et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

September 21, 1987.


Attorney(s) appearing for the Case

COUNSEL

Joan R. Gallo, City Attorney, and Laurence L. Spitters, Jr., Deputy City Attorney, for Petitioner.

No appearance for Respondent.

Carleen R. Arlidge and Rose & Arnold for Real Parties in Interest.


OPINION

AGLIANO, P.J.

The City of San Jose (City) seeks writs of prohibition and mandate to nullify certain of respondent court's orders in three criminal prosecutions presenting similar stipulated facts. In each case, City police officers seized funds during drug-related arrests of real parties (defendants in the criminal cases) and then, without permission of the superior court and in violation of the mandate of Penal Code section...

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