People v. Murray

JEFFERSON, J.

Defendant appeals from the judgment entered upon Ms conviction by a jury of second degree burglary. He contends that his conviction resulted from an illegal search and seizure.

Officers Blair and O’Neil were in a marked police ear on routine patrol southbound on Budlong Street, when they saw defendant. It was about 3 o’clock in the afternoon. They observed defendant standing in an alley next to a church. Blair observed that defendant was carrying a yellow and white sack and that, as the patrol car drove past the alley, he stepped back behind a telephone pole.

Deciding to investigate, the officers drove around the corner and entered the alley from the next street. As they drove up the alley, Mr. Zeigler, a resident in the area, approached the car and told them that he had. just caught a glimpse of a man hurriedly leave the alley through a gate which led onto the church grounds. He pointed out the gate. Officer Blair walked over to a point where he could see into the church yard. He observed defendant “walking fast like he was in a hurry” along a walk which led to Budlong Street. Defendant was no longer carrying the bag which the officer had previously observed in his hands. The officer stopped defendant and escorted him to the patrol car for questioning.

While Officer 0 ’Neil talked to defendant, Officer Blair went back to where he had observed defendant walking to look for the bag. He recalled that defendant was near a detached garage located on the church grounds when he first saw him. After looking around the grounds he went into the garage, which was unlocked. He found the bag (a laundry bag) in a garbage can in a corner. Inside he observed two sweaters, two pairs of gloves, two radios, a clock and a camera. Upon his return to the patrol ear, he asked defendant for some form of identification. Defendant told him that his identification was in his car which was parked over on Budlong; that he would walk over and get it for them.

Officer O’Neil accompanied defendant to his car. When they arrived at the car defendant stated to the officer that he would find the identification in the glove compartment. As O’Neil reached inside, out of the corner of his eye, he observed defendant drop something on the parkway grass

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