Collin

This case was transferred to this court for hearing and decision upon certification from the Appellate Department of the Superior Court of Marin County (rules 62a and 63, Cal. Rules of Court), following an order of that court reversing the order of the municipal court denying defendant’s motion to suppress evidence pursuant to Penal Code section 1538.5.

On April 27, 1972, at about 1 p.m., Officer Walter F. Fischer of the Larkspur Police Department, while driving in a police car, received a radio call from his station that a mail carrier had called in stating that there was a possible burglary in progress at 52 Millard Road in Larkspur. He was also advised over the radio that three males had been observed leaving the area in a light blue foreign convertible bearing California license CTC 210 and that the vehicle was then proceeding eastbound on Millard Road. Fischer intercepted this vehicle about a block and a half from 52 Millard Road and proceeded to follow it. As Fischer followed the vehicle he communicated over the police radio that he was placing a stop on the vehicle. He gave the location of the stop and the license number of the vehicle.

The vehicle was stopped…