People v. Superior Court

— People seek relief by way of mandate pursuant to section 1538.5 subdivision (o) of the Penal Code from an order of the respondent court suppressing certain evidence in a criminal action against defendants, Gonzales, Rubio, Esparza and Arketa, who are the real parties in interest herein. Defendants are jointly charged by information with burglary. (Pen. Code, § 459.)

On September 4, 1969, at approximately 2 a.m., officers responded to a police radio call indicating a possible burglary in progress at a given residential location. No further details were contained in the broadcast. Arriving at the location, the officers went into the rear yard of the residence located immediately adjacent to the address given in the broadcast. They observed a light burning in a wooden shed structure about 25 yards distant from the rear porch of the house. With no1 sound being made, the light was turned off and defendant Rubio, a few feet away from the shed, wás observed running to the side of the house. He appeared to be carrying a crowbar. He refused to halt at the officers’ command. Shortly thereafter defendant Esparza was seen walking rapidly away from the area of the shed toward the…