I dissent for the reasons set forth in my dissent in People v. McGrew, ante, p. 414 [82 Cal.Rptr. 473, 462 P.2d 1], except that in this instance the trial court properly denied the motion under Penal Code section 1538.5 to suppress evidence and the Court of Appeal properly denied an extraordinary writ. There is no justification for this court to issue a peremptory writ of mandate directing the superior court to suppress the marijuana seized at the airport or any “fruits” thereof. The case should proceed to trial in order to determine the defendant’s innocence or guilt.
McComb, J., and Burke, J., concurred.