People v. SUPERIOR COURT (HOLQUIN)

Opinion

ROTH, P. J.

Proceeding in mandate to require respondent court to vacate its order granting the motion of real parties in interest to suppress certain evidence. We granted an alternative writ.

Facts

Holquin and Chavez, real parties in interest, were charged with burglary. On the day of trial they renewed their motion to suppress evidence pursuant to Penal Code section 1538.5, and the motion was granted, suppressing their identity as the occupants of a certain vehicle, and suppressing the identity of two key witnesses against real parties. The events leading to the arrest of Holquin and Chavez were as follows:

At 8:30 p.m., February 10, 1977, the police received a report that someone had been injured in the 2500 block of Anchor, in Port Hueneme. Officer Jarosz contacted one David Morris who told him that he had seen two Mexicans run through an alley cariying a stereo, giving a general description of the two. Officer Jarosz then contacted one Peter Waco who said as he approached his front door, two people came out of his residence and one of them hit him. The officer determined that the home had been broken into. A search of the area failed to turn up suspects, but the officer did observe an orange 1971 Datsun station wagon near the Waco residence. The keys were in the vehicle and there was an open bottle of beer on the floor. The hood of the vehicle was still warm, after sunset. A detective was called and the vehicle was put under surveillance. At 10:30 p.m., the detective saw a 1965 Chevrolet pickup drive slowly past the Datsun, followed by a white 1965 El Camino. This process was repeated a total of three times. The pickup followed by the El Camino drove by each with lights off. The pickup stopped; it had four occupants; two of them alighted from the pickup and entered the Datsun and began to drive it away. One of the surveilling officers stopped the Datsun and the other officer stopped the turquoise Chevrolet pickup. Holquin and Chavez were in the turquoise Chevrolet; Dunkelberger and James were in the orange Datsun.

[594]

Holquin and Chavez were arrested, as were Dunkelberger and James. Dunkelberger later volunteered information concerning the commission of the burglaiy. The superior court held there was no probable cause for the arrests.