Alarcon

Alarcon v. Murphy

Good Law
1988 Cal. App. LEXIS 434·201 Cal. App. 3d 1·248 Cal. Rptr. 26
Court of Appeal of CaliforniaMay 11, 1988A036986California2,125 words

Opinion

Opinion

Channell, J.

Appellant Francisco Alarcon appeals from a summary judgment granted to respondents Cornelius Murphy, George Kowalski, James Crowley, Herman W. Clark, William Fazio, and the City and County of San Francisco. (Code Civ. Proc., § 437c, subd. (c).) He contends that police statements identifying him as a murder suspect before they had probable cause to arrest him for that crime violated his constitutional right to privacy. We affirm the judgment.

I. Facts

On September 22, 1984, the body of 15-year-old Theodore Gomez was found in San Francisco’s Golden Gate Park. He had been bound with duct tape, sodomized, and stabbed to death. Investigating officers Herman W. Clark and James Crowley learned that Gomez was a runaway who had been engaging in acts of homosexual prostitution.

Two male juveniles told the officers that in the early morning hours of September 22 they had seen Gomez enter an orange/red jeep driven by a Latin male. One young man said that the Latin male had previously approached him, given him marijuana, and solicited him for sexual activity. A third juvenile told police that he had been to the Latin male’s house, had been given marijuana, and had engaged in acts…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.