People v. Superior Court

Opinion

ALARCON, J. pro tem .

*

The People have petitioned this court for a writ of mandate to require the respondent superior court to vacate its order granting the motion of the real party in interest to suppress certain evidence made pursuant to Penal Code section 1538.5.

[133]

Facts

Los Angeles Police Officer Harvey Karl Thor received information from two other police officers that a stolen Olivetti calculator had been purchased by Rudy Diaz from the real party in interest, Aaron Emanuel Aslan. It was at a pawn shop on South Main Street known as the Electric Instrument Company. Officer Thor and two other policemen went to the Electric Instrument Company to find out how the stolen Olivetti calculator got into the possession of Mr. Aslan. At the time of the entry into Mr. Aslan’s place of business, Officer Thor did not intend to make an arrest since he felt he did not have probable cause to do so.

When asked to explain how the electric calculator got into his possession, Mr. Aslan stated he could not remember because he had so many business dealings. The premises were in a state of disarray. Mr. Aslan explained that this condition was due to the fact he was in the process of moving in.

Officer Thor observed a Remington typewriter sitting on a desk in the portion of the premises open and accessible to the public. Mr. Aslan was asked where it had been obtained. He replied that a friend had brought it in for temporary use. Officer Thor then stepped behind the desk, picked up the typewriter, and looked at the serial number on the machine. He then telephoned the Burglary-Auto Theft Detail and reported the serial number. He was advised that the typewriter was stolen. People’s Exhibit No. 3 was a photograph of the Remington typewriter. The respondent trial court granted the real party in interest’s motion to suppress Exhibit No. 3.

The People contend that the officer’s conduct in picking up and looking at the typewriter did not constitute a search.

Discussion

In this matter we are not concerned with whether the entry on the premises occupied by Mr. Aslan was lawful.