Cletcher

Defendant appeals from a judgment entered on his plea of nolo contendere (receiving stolen property) subsequent to denial of his motion to suppress evidence. The sole appellate issue is whether the affidavit in support of the search warrant sets up sufficient facts to establish good cause for nighttime service.

The following facts were recited in the affidavit of Deputy O'Reilly. On January 28, 1979, and at subsequent times, approximately $10,450 worth of ancient art pieces was stolen from the residence of Anthony Brackney in Goleta. At all said times defendant also lived in Brackney's home. One of the stolen items was a "one-of-a-kind" pre-Columbian mummy mask. On November 5, 1979, after defendant moved from the Brackney residence, he (Deputy O'Reilly) contacted defendant at his new residence, an apartment in Santa Barbara, and interviewed him concerning the thefts; defendant denied any knowledge of or involvement in the crimes.

About 6:30 p.m. on February 5, 1981, Brackney went to defendant's apartment to talk to him about a tennis match that defendant had missed several weeks earlier; he parked his car on the street and walked down the driveway on the…