Guerrero

Appellants, Frank Jesse Guerrero and George Valdez Guerrero, were found guilty of first degree robbery after a joint trial by the court without a jury. Appellant Frank Guerrero was found to have used a deadly weapon during the commission of the offense. Both have appealed, and each is represented by separate counsel. The grounds of each appeal and the issues raised are common to both, except where otherwise hereinafter indicated.

The Primary Issue

The determination of these appeals primarily involves an examination into the permissible scope of warrantless searches conducted pursuant to consents to search given in advance as a condition of release from custody by (1) patients of the California Rehabilitation Center and (2) prisoners on probation. During the course of the trial motions under section 1538.5 of the Penal Code to suppress evidence obtained as a result of certain searches of the residences of appellants were heard and denied. The substantive question presented is whether the searches were lawful and their products properly admissible into evidence.

Facts

Before discussing the circumstances of each of the searches here in question we review the events…