Lazanis

*52 Opinion

This case has been presented to us after conviction of the defendant for driving a motor vehicle while under the influence of alcohol. The conviction was affirmed by the appellate department of the superior court and, because of perceived significant questions of law was certified to this court for consideration.

Facts and Proceedings Below

In the early morning hours of February 4, 1986, the Santa Monica Police Department received a telephone call from Mr. Greenbank, a private citizen, relaying information from another person that there was a possible burglary in progress at the Bay City Van and Storage at an address on Second Street in Santa Monica. This information was transmitted in a radio broadcast by a Ms. Kujuo which was received by Officers Howe and Brown among others who proceeded toward the location. Officer Howe was the first to arrive there. She observed the situation and transmitted the following radio message: “A vehicle pulling out of there. Small white. Looks like a Toyota. Male black. Male white. Male black. Stand by. Location at the driveway. Vehicle southbound.”

Officer Linda Brown, the only witness at trial, heard Howe’s transmission, and within…

I respectfully dissent. I regard this case to raise an issue of vital importance to the average citizen. In effect, the majority tells law *60 enforcement officers in this state they are free to detain any citizen at any time another officer claims to have “reasonable suspicion” the citizen is involved in an ongoing crime without having to be concerned that this other officer will be required to prove in court he actually possessed that “reasonable suspicion.” In so holding, the majority runs counter to a recent unanimous holding of the United States Supreme Court—to say nothing of earlier decisions of the California Supreme Court and other Courts of Appeal.

To understand why I do not consider I am being overly harsh in my judgment of the majority opinion, it is necessary to expand on their discussion of the law.

The appellate department properly found the observation of appellant’s intoxication which led to his arrest and conviction on that charge was the “fruit” of his detention for investigation of burglary. (See, e.g., Wong Sun v. United States (1963) 371 U.S. 471, 485 [ 9 L.Ed.2d 441, 454 , 83 S.Ct. 407 ] [“testimony as to matters observed during an unlawful invasion [is]…

This case has been presented to us after conviction of the defendant for driving a motor vehicle while under the influence of alcohol. The conviction was affirmed by the appellate department of the superior court and, because of perceived significant questions of law was certified to this court for consideration.

In the early morning hours of February 4, 1986, the Santa Monica Police Department received a telephone call from Mr. Greenbank, a private citizen, relaying information from another person that there was a possible burglary in progress at the Bay City Van and Storage at an address on Second Street in Santa Monica. This information was transmitted in a radio broadcast by a Ms. Kujuo which was received by Officers Howe and Brown among others who proceeded toward the location. Officer Howe was the first to arrive there. She observed the situation and transmitted the following radio message: "A vehicle pulling out of there. Small white. Looks like a Toyota. Male black. Male white. Male black. Stand by. Location at the driveway. Vehicle southbound."

Officer Linda Brown, the only witness at trial, heard Howe's transmission, and within moments…