People v. Valdez

WOOD, P. J. In a nonjury trial the defendant was adjudged guilty of burglary of the second degree. He appeals from the judgment.

Appellant contends that there was no probable cause for arresting or searching him, and that the court erred in receiving in evidence certain articles which allegedly were obtained from him by illegal arrest and search.

Burglary was committed at the office of Mr. Avery, at 936 Huntington Drive in San Marino, sometime after he left his office on the evening of February 24, 1965, and before he returned there on the morning of February 25, 1965, and various articles, including draperies, a silver dollar, and keys, were stolen from the office.

On February 25, 1965, about 12:30 a.m., while uniformed Officer Kaupp was traveling westerly in a patrol car on Hungtington Drive in San Marino, he saw a man, who was carrying a large bundle, running westerly on the sidewalk on that street. The officer drove to the next street intersection, turned his car around the divider (space in middle of street [127]dividing the roadways for westbound and eastbound traffic), and returned to the man (the defendant), who then was walking (instead of running). In answer to questions as to why he was running and what he was doing in that location, the defendant said that he had been on a bus on the way to his home in Los Angeles and he had gotten off the bus by mistake because he thought that area was his home neighborhood, and he was running to the next bus stop because he had observed what appeared to be an approaching bus—a vehicle with numerous yePow lights on the roof. The officer, who had just travelled in the area where the defendant indicated he had seen that vehicle, told the man that he (officer) had not seen such a vehicle. He saw two passenger automobiles, but he did not see any other pedestrian in that area at that time. The defendant identified himself with a driver’s license which showed his address as 3116 Pueblo Street, Los Angeles. When the officer asked about the large bundle which the defendant was carrying, he said that it was drapery material that had belonged to his sister, that he had had it cleaned, and he was returning it to her. The defendant had a set of keys in his hand and he slipped them into his pocket, when the officer was first approaching him. The drapery material, which the defendant had in his arms, was “rolled in a roll,” and the officer asked whether anything was rolled in the material. He replied, “No.” When the officer asked the defendant whether he would open the roll, he replied in the affirmative, and then unrolled the material on the parkway. There were two stockings (men’s) in the material, and the defendant said that they were his and he had them cleaned at the time the material was cleaned. The officer, having observed that the draperies appeared to be wrinkled and not in clean condition, asked about that condition of the draperies, and referred to defendant’s statement that “he had just had them cleaned.” He replied that the drier for the machine had not done a good job. The officer said that he was not satisfied with defendant’s answers and that he was going to transport him to the San Marino police station for further investigation. Then the officer handcuffed him and took him to the police station. At the station the officer searched him and found in his pocket a “1902” silver dollar (Exhibit 1) and a set of keys (Exhibit 2), and also some other keys. On the north side of Huntington Drive, in the area where the officer apprehended the defendant, there is a large residential area in which there are expensive homes. On the south side of that street, there are commer