People v. Romero

DRAPER, J.

A jury found defendant guilty of first degree burglary. He appeals from the ensuing judgment.

Appellant asserts that his arrest was without probable cause, and that thus a key and some money found upon his person in a search incident to the arrest were improperly admitted in evidence. Testimony showed that the home of Mr. and Mrs. Scurich, in Watsonville, was entered at about 2:15 a. m., and that money and some other objects were taken from Mrs. Scurich’s purse. Mr. Scurich saw the burglar briefly, and described him to police officers as small, wearing light colored trousers, and having no hat. The officers who re

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sponded to the Scurich call had re-entered their patrol car and started to circle the block looking for suspects when they received a radio message that a prowler had attempted to enter the Lynn home, about one and one-half blocks from the Scurich residence. Mr. Lynn told the officers that the prowler had attempted to enter through the kitchen door but had been frightened off. Lynn described the prowler as wearing a dark jacket and light colored trousers. The policemen resumed driving about the neighborhood in search of suspects. They saw appellant walking on the sidewalk across the street from the Scurich home. His clothing answered the descriptions Lynn and Scurich had given, and he was small. He was the only person they had found on the streets in driving about the area. The officers questioned him. He refused to give his name and address, and his only explanation of his presence in the area at 2.40 a. m. was that he was looking for a' girl named Mary, whose address he did not know. This combination of circumstances clearly warranted the arrest of appellant for investigation of burglary.

Appellant also argues that Ms arrest was improper because the arresting officers did not inform him “of the cause of the arrest” as required by law (Pen. Code, § 841). But the rule is clear that this failure is wholly collateral to the securing of evidence by a search incident to the arrest

(People

v.

Maddox,

46 Cal.2d 301, 305 [294 P.2d 6]). It follows that the articles found on appellant’s person were properly admitted in evidence.