People v. Superior Court

Opinion

FILES, P. J. In this proceeding under Penal Code section 1538.5, subdivision (o), the People ask review of an order of the superior court [88]suppressing evidence seized when officers entered two residences in fresh pursuit of burglary suspects. The trial court based its suppression order solely upon the ground that the nighttime burglary of a retail store is not an offense of sufficient gravity to justify entering a private residence to make a warrantless arrest.

At about 4 a.m. on November 22, 1978, police were called to the Casual Girl Clothing Store on South Vermont Avenue, where burglars had broken in by ramming an automobile through the front of the building. Four males and two vehicles had been seen leaving the location. Information obtained at the scene led the officers to an alley behind 5 2d Street, about a half mile away. A sergeant was called to that location to supervise the investigation. In a garage opening onto the alley back of 1156 West 52d Street, they found a vehicle which appeared to be the one which had broken the store front. Inside that car were piles of clothing, bearing Casual Girl price tags. Other Casual Girl clothing items were on the ground. A citizen observer told the officers he had seen two men pushing that car in the alley, after which they had run to the upstairs apartment of number 1156 West 52d Street. A neighbor told the officers that the men who had pushed the car in the alley lived in the front and rear buildings at the 1156 property. There were fresh footprints leading from the garage area to the rear house numbered 1156 1/2. The ground was damp from a recent rain.

An officer knocked on the door of 1156 1/2 and a female looked out the window. She said she would not admit him because she thought he would murder her. The sergeant then knocked on the door and when the woman looked out he explained that they were police officers looking for burglary suspects whom they thought had entered there. He shined his flashlight on his uniform, but she again refused admittance. The officers then forced entry, arrested two persons who were inside, and observed several items of clothing bearing Casual Girl price tags.

The officers then knocked on the door of the upstairs apartment which the two men had entered. The door opened and defendants Edmond and Pierre Dai-re were seen right inside. The officers entered and made the arrests. They also found cotton gloves, a stocking cap, pants and a jacket, all of which were wet as though they had been worn in the rain.