Anderson

After an unsuccessful motion under Penal Code, section 1538.5, defendant pleaded guilty to burglary and now attacks the court’s ruling on the Penal Code, section 1538.5 motion.

Mr. Panno was the victim of a burglary. Defendant, a California Youth Authority (hereafter CYA) parolee, became a suspect. Officer Wulf talked to defendant’s parole agent and was advised there was an outstanding warrant for defendant’s arrest as a parole violator. A teletype copy of the warrant was given to Wulf. Wulf arrested the defendant, secured certain admissions from him and his codefendant and, armed with these admissions, recovered some of the stolen property.

At the Penal Code section 1538.5 hearing, defendant contended that he had been illegally arrested, i.e., that the warrant had been issued without probable cause. Defendant’s parole agent was called as a witness and presented the warrant which had been properly signed by a designee of the Director of the CYA. The warrant did not contain a supporting affidavit and when the defendant attempted to question the parole agent on the issue of probable cause, the district attorney objected on the ground that the Director of the CYA could…