Santos

This petition for writ of mandate and/or prohibition challenges a trial court ruling denying petitioner’s motion to suppress evidence. (Pen. Code, § 1538.5.)

Two issues require our attention:

Petitioner had been charged by information filed in Santa Clara County Superior Court with burglary (Pen. Code, § 459), receiving stolen property (Pen. Code, § 496), and possession of a dirk or dagger (Pen. Code, § 12020, subd. (a)). In superior court he moved to suppress evidence seized as a result of his detention by the police. The motion was based upon evidence presented at a de novo hearing held August 29, 1983. At the hearing, the court denied the motion to suppress. This petition followed.

Statement of Facts

Officer Vincent Di Corti was patrolling with his partner, Officer Mike Maier, at 10 p.m. on Friday, May 27, 1983. In the area of Pomeroy and El Camino in Santa Clara he noticed three people standing in a parking lot, talking. His attention was attracted by the fact that they were in an area that was barricaded off with street barricades that indicated that that portion of the parking lot was closed to the public. Also, a man later identified as a Mr. Gervais was…