Galosco

Defendants were charged with burglary in violation of Penal Code section 459. Following a hearing held pursuant to Penal Code section 1538.5 all items of property seized from defendants at the time of their arrest, as well as statements made by them to the police after arrest, were ordered suppressed. When the prosecution announced that it did not have sufficient evidence remaining to proceed to trial, the court dismissed the case (Pen. Code, § 1385). The People appeal, claiming that the court erred in suppressing the evidence.

Facts

On May 5, 1977, Warren Burton was alone in his home. His residence is upstairs and is in the vicinity of 7524 Willoughby Street. There are two apartments across the street from where Burton lives. Mr. Burton’s attention was drawn to two men near the apartment house across the street, when he observed one man throw a life saver wrapper to another. The second man caught it and threw it away. It appeared to Burton to be a “communication.” Burton had previously seen the residents of the house, however he was not personally acquainted with them. Burton observed one of the men ring the doorbell for a “goodly length of time” while the other man…