People v. Mickelson , 30 Cal. Rptr. 18 ( 1963 )

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.