People v. De Caro

In these consolidated matters, the codefendants, G. A. De Caro and Manfred and Anitaka Rothbrust, appeal from orders suspending sentences and granting probation after each entered nolo pleas as set forth below, to a charge of presenting a false insurance claim (former Ins. Code, § 556, subd. (a)). De Caro and Rothbrusts contend on appeal that their motion to suppress should have been granted as: 1) the entry of Kollinzas into the De Caro home by a ruse was unlawful and violated De Caros’ reasonable expectations of privacy; 2) without the observations made by Kollinzas, there was no probable cause for the issuance of the search warrant for the De Caro home. For the reasons set forth below, we have concluded that since there was sufficient probable cause for the issuance of the search warrant for the De Caro residence, the orders must be affirmed.

The record reveals the following pertinent facts:

On November 15, 1975, the Rothbrusts reported to the San Jose police a burglary from their truck while parked at the Valley Fair Shopping Center. The items taken included a 17-inch Sony woodgrain color television, a General Electric microwave oven, a Sony portable radio and tape…