Wirin v. Parker
Decision Date | 06 August 1957 |
Citation | 48 Cal.2d 890,313 P.2d 844 |
Court | California Supreme Court |
Parties | A. L. WIRIN, Plaintiff and Appellant, v. William H. PARKER, as Chief of Police, etc., Defendant and Respondent. L. A. 24053. |
A. L. Wirin, in pro. per., Fred Okrand, Los Angeles, and Nathan L. Schoichet, Beverly Hills, for appellant.
Roger Arnebergh, City Atty., and Bourke Jones, Alan G. Campbell and James A. Doherty, Asst. City Attys., and Ralph J. Eubank, Deputy City Atty., Los Angeles, for respondent.
Plaintiff, a resident citizen taxpayer of the City of Los Angeles, brought this action against defendant as Chief of Police of the city to enjoin the alleged illegal expenditure of public funds to conduct police surveillance by means of concealed microphones. Code Civ.Proc. § 526a. Pursuant to stipulation the matter was submitted on the pleadings, affidavits, and depositions. The trial court made findings of fact and conclusions of law and entered judgment for defendant. Plaintiff appeals.
Plaintiff contends that undisputed facts found by the trial court establish his right to injunctive relief. The trial court found that Acts authorized by defendant have The court also found that dictograph surveillance as authorized and directed by defendant was necessary for the prevention or punishment of certain felonies and misdemeanors, and that although funds 'of the City of Los Angeles have been expended by defendant to defray the cost of the equipment and of the personnel time' involved, the
It is clear from the finding that 'In one or more of such instances, but not in all of them, the installation, maintenance or use of dictographs by regular salaried police officers * * *, have been in a house, apartment, room, office, store, bar, jail cell, or other place of occupancy, either without the consent, knowledge, permission or authority of some person having a property interest in such property or place, or without the knowledge, consent, permission or authority of some person present during such installation, or during such maintenance or during such use,' that defendant has authorized and directed dictograph surveillance in violation of the provisions of the United States Constitution (4th and 14th Amendments) and the California Constitution (art. I, § 19; Irvine v. People of State of California, 347 U.S. 128, 74 S.Ct. 381, 98 L.Ed. 561; People v. Cahan, 44 Cal.2d 434, 282 P.2d 905; People v. Tarantino, 45 Cal.2d 590, 290 P.2d 505), and that as of July 2, 1952, he intended to continue so doing. Moreover, it appears from his answer and evidence before the trial court that at least before the decision in the Irvine case in 1954, defendant took the position that all of his activities in this respect were lawful, and he candidly alleged in his answer that the consent of the 'owner, occupant, or lessee of the premises' upon which installations were made was not sought or obtained 'when there is reason to believe that * * * knowledge on the part of such person may or will destroy the value of an installation as an aid in the apprehension of criminals and the prevention or detection of crime.'
The Code of Civil Procedure, section 526a, provides that plaintiff may maintain an action to restain the expenditure of public funds for illegal purposes. It is immaterial that the amount of the illegal expenditures is small or that the illegal procedures actually permit a saving of tax funds. Mines v. Del Valle, 201 Cal. 273, 279-280, 257 P. 530; Crowe v. Boyle, 184 Cal. 117, 121, 193 P. 111; Osburn v. Stone, 170 Cal. 480, 484, 150 P. 367; Santa Rosa Lighting Co. v. Woodward, 119 Cal. 30, 34, 50 P. 1025; Barry v. Goad, 89 Cal. 215, 222-223, 26 P. 785; Winn v. Shaw, 87 Cal. 631, 637, 25 P. 968; Terry v. Bender, 143 Cal.App.2d 198, 208, 300 P.2d 119; Trickey v. City of Long Beach, 101 Cal.App.2d 871, 881, 226 P.2d 694; Wirin v. Horrall, 85 Cal.App.2d 497, 504-506, 193 P.2d 470; Brown v. Boyd, 33 Cal.App.2d 416, 418, 91 P.2d 926; see Simpson v. City of Los Angeles, 40 Cal.2d 271, 276, 253 P.2d 464. It is elementary that public...
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Langford v. Superior Court
...(4th Cir.1966) 364 F.2d 197, 202 (en banc); White v. Davis (1975) 13 Cal.3d 757, 120 Cal.Rptr. 94, 533 P.2d 222; Wirin v. Parker (1957) 48 Cal.2d 890, 313 P.2d 844; Wirin v. Horrall (1948) 85 Cal.App.2d 497, 504-505, 193 P.2d 470 [actions for injunctive relief under the Fourth Amendment].) ......
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...of the illegal expenditures is small or that the illegal procedures actually permit a saving of tax funds.' (Wirin v. Parker (1957) 48 Cal.2d 890, 894, 313 P.2d 844, 846.) Nor have we required that the unlawfully spent funds come from tax revenues; they may be derived from the operation of ......
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