Callahan v. Robert T.

Opinion

TAYLOR, J.

These consolidated appeals are from two orders of the juvenile court declaring the minor appellants wards of the court, pursuant to section 602 of the Welfare and Institutions Code (delinquency). The only contention is that the prosecution’s case was based on evidence obtained as the result of unlawful search and seizure since the entry into their apartment was induced by a ruse.

The record reveals the following facts: Around January 16, 1969, the home of Mr. Marasco at 740 Madison Street in Albany, and the nearby apartment of Mr. Bagby at 935 Solano Avenue were burglarized. About three days later, one of the victims and the Albany police received anonymous letters consisting of words cut from newspapers and pasted on a blank piece of paper, stating that the thieves and goods could be found in apartment No. 6 at 935 Solano Avenue.

On January 21, 1969, Sergeant Melvin Boyd of the Albany Police Department contacted Mr. Turkmany, the owner of the apartment building at 935 Solano. After a conversation about the notes and the burglaries, both went to 935 Solano Avenue. First, they stopped at apartment No. 16, occupied by the manager, Mr. Bagby, and then proceeded to No. 6. Turkmany knocked on the door of No. 6 and appellant, Robert T., answered the door. As Turkmany knew the apartment had been rented to a Mr. Reeder, he asked if Reeder was at home. After Robert stated that Reeder did not live there any more, Turkmany introduced and identified himself as the landlord and introduced Sergeant Boyd (who was in plain

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clothes) as “My friend, Joe.” Sergeant Boyd did not correct the incorrect introduction or identify himself as a police officer.

Turkmany then indicated that since Reeder did not have the authority to sublet, he wanted to come in and check the apartment. Robert pushed the door to a nearly closed position and said: “Just a moment,” then went back into the apartment. He returned in less than a minute, saying: “Yes, you can come in,” and admitted Turkmany and Boyd.

As Turkmany and Boyd walked through the apartment, Boyd noticed a radio and a pair of binoculars that matched the description of these items taken in the two burglaries. Thereafter, Turkmany and Boyd left. Sergeant Boyd immediately contacted the district attorney’s office in Berkeley and secured complaints and arrest warrants. Later that day, appellants were arrested, admonished of their rights at the police station, and made statements admitting the burglaries. Subsequently, petitions pursuant to section 602 of the Welfare and Institutions Code were filed accusing appellants of violations of section 459 of the Penal Code.