People v. King

Opinion

ELKINGTON, J.

This is an appeal by the People from an order setting aside an information under the provisions of Penal Code section 995. The only question raised is whether police, without a warrant, are permitted to travel over an open automobile driveway alongside a private house to its backyard while pursuing a felony investigation.

Early one morning police officers observed in a vacant lot a stripped engineless Ford automobile that had not. been there the day before. An immediate investigation disclosed that it had recently been stolen from one William Parker. Defendant King, who was known to the officers, lived nearby at 1826 Chestnut Street from which area the car could have “been pushed.” He had “changed parts, put new car parts or newer car parts on old cars, old Fords.” Considering him a suspect they went to his home.

[726]

Alongside the house was a driveway about 30 feet in length, running from the sidewalk to the backyard. The officers walked up the driveway to the rear edge of the house where in the backyard they saw bucket seats, an automobile transmission lying on the ground, and “a homemade wooden A-frame type of hoist with a chain hoist, and a Ford engine hanging from it.” They also observed lying on the ground gas receipts and an automobile registration certificate on which could be seen the name “William Parker.” All of the things seen were in plain sight of the officers. There was no gate or fence between the sidewalk and the property seen in the backyard. From the sidewalk the subject property could not have been seen. It is conceded that the officers, prior to entering upon the driveway, had no probable cause for a search warrant or an arrest.

Defendant argues that the passage by the police over King’s driveway and into the backyard where they observed the stolen property was violative of Fourth Amendment standards. We have concluded that the argument is without merit, the question before us being resolved by the recent case of

People

v.

Bradley,

1 Cal.3d 80 [81 Cal.Rptr. 457, 460 P.2d 129].