People v. Davis

California Court of Appeal Mar 18, 1968 No. Crim. 12476Published

Before: Kingsley

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Holding. The court held that the initial detention and pat-down search of the defendant were lawful based on suspicious circumstances, and that the subsequent discovery of burglary tools provided probable cause for arrest and a search incident thereto.

Issues

Whether the initial detention and cursory search of the defendant were lawful.
Whether the officers had probable cause to arrest the defendant and conduct a search of his pockets.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The original detention and cursory search of defendant for weapons was lawful.”

“These facts were sufficient to give the officers reasonable cause to arrest defendant upon suspicion of the burglaries then under investigation. The further search of his pockets to look for the fruits of those burglaries was a proper incident”

KINGSLEY, J.

—Defendant was charged with a violation of Penal Code, section 459 (burglary); a prior burglary conviction was alleged against defendant. A plea of “not guilty” was entered.

Defendant’s petition for writ of habeas corpus was denied. Jury trial was waived, and by stipulation of all counsel the case was submitted on the preliminary hearing, subject to an offer of additional evidence by either party. Defendant was found guilty of burglary in the second degree. A probation report was ordered. Defendant’s motion for a new trial was denied. The prior conviction was found true, probation was denied and defendant was sentenced to state prison.

This is an appeal from the judgment and the order denying the motion for new trial.

On January 7, 1966, at 12:30 a.m., Mrs. Dumas, an employee of the R & C Cafe, locked all the doors and windows of the cafe and gave no one permission to enter.

Numerous burglaries of juke boxes, shine stands and telephone booths had occurred in the area. At about 2:45 a.m., on January 7, 1966, Officers Waddy and McBride, who had been engaged in investigation of some such burglaries, observed defendant walking through the parking lot of a closed service station, between the office and the gas pumps. The gas station was located at 103d Street and Wilmington. Defendant was the only person on the street at that time.

The officers approached defendant in their black and white police unit. Officer Waddy got out and made a cursory search for weapons, felt a large object in defendant’s coat pocket, which Officer Waddy thought might be a weapon. The officer removed the object which was, in fact, two objects—a pair of pliers and a screwdriver, the working end of which was

[188]

broken and not contaminated, by grease.

The officer also removed a pair 'of' gloves from the same left jacket pocket. Prom defendant’s shirt pocket the officer removed a white metal lady’s watch, and from defendant’s right trouser pocket the officer removed 70 pennies and 1 nickel. Seven packs of Salem cigarettes were found in defendant’s right jacket pocket.

People v. Davis

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KINGSLEY, J.

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