Farris

People v. Farris

Good Law
120 Cal. App. 3d 51·174 Cal. Rptr. 424·1981 Cal. App. LEXIS 1805
Court of Appeal of CaliforniaJune 3, 1981Crim. 37204California2,122 words

Opinion

Opinion

Early, J.

—Defendant appeals from a judgment of conviction following jury trial of the burglary in the first degree, two counts of burglary and one count of attempted burglary. He contends that the trial court erred in admitting evidence for purposes of impeachment of his responses to two questions asked without prior Miranda warnings following discovery of stolen jewelry during a search of his bedroom conducted pursuant to a condition of his parole. He further contends that his identification in court by several witnesses was tainted by impermissibly suggestive pretrial identification procedures.

Defendant was on parole with the California Youth Authority following a burglary conviction. Deputy Sheriff Price suspected that defendant had committed a nighttime burglary in which jewelry had been stolen. He informed defendant’s parole agent, Hooper, who shared the suspicion and decided to search defendant’s home. Price, Hooper and another parole agent went to defendant’s home, where they advised him that he was a suspect and that they intended to search his bedroom. The search uncovered items of jewelry resembling many of those taken in the burglary being investigated. Without first advising…

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