People v. Garay

GARGANO, J.

On December 3, 1965, defendant was residing in the Grand Central Hotel in the City of Fresno. On that day hotel employee Barbara White, while cleaning his room, observed numerous items of men’s clothing from which the price tags had not been removed. Suspicious of illegal activity, she reported her observations to Miss Dennis, the hotel manager, who also inspected the room. Miss Dennis then called the police and informed them of what she and the maid had seen. Later that afternoon, between 6 and 7 p.m., two police officers came to the hotel and were again told by Miss Dennis what had been observed in defendant’s room. She then escorted the police to the room and opened the door. The police officers, without entering the room, apparently viewed the suspicious items from the hallway.

Thereafter, on the same evening, Officers Wood and Lopez were assigned to stake-out two subjects (the defendant and one Manuel Espinosa) at the Grand Central Hotel for the

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possibility of shoplifting. They arrived at the hotel sometime between 8 and 9 p.m. but the stake-out that evening was uneventful. They resumed the stake-out the next day, Saturday, December 4, with Wood positioned outside the hotel and Lopez inside. Defendant was observed by the officers four different times, leaving and returning to the hotel on Saturday afternoon. He was dressed in dark trousers and a dark trench coat. Each time he left the hotel the coat was unbuttoned and open and his hands were at his sides. Moreover, each time he returned to the hotel the trench coat was buttoned and bulging at the top, and his hands were in his pockets, apparently holding something under the coat.

At about 8 p.m. on December 4, Detective Coop joined Officers Wood and Lopez at the hotel for the purpose of assisting in the arrest of the defendant. The defendant and a companion, Manuel Espinosa, had just returned to their room when Officer Lopez went to knock on the door. Prior to knocking Officer Lopez overheard the defendant and his companion relating to each other what they had just stolen. Appellant said, “look at the shirts I just stole.” Lopez then knocked on the door and in response to an inquiry from within replied, in Spanish, that it was Johnny (Officer Lopez' true name). When defendant opened the door he was advised that he was under arrest and advised of his constitutional rights. A search of the room revealed numerous items of men’s clothing— sweaters, ties, coats, sport coats and untailored slacks—all with the price tags still attached. On top of the dresser was a jeweler’s display case with rings in it. Two wrist watches were also found in the pocket of a sport coat. They were still in their display stands and the price tags were attached.