Sedillo

We filed our former opinion in this cause on May 7, 1982, holding that the trial court had prejudicially erred in denying appellants’ suppression motion. Respondent filed a petition for rehearing. We granted a rehearing and heard oral argument. After further consideration we have decided our original conclusion was correct. Accordingly, we refile the opinion with some additional discussion of the points raised by respondent.

Appellants were convicted after jury trial of receiving stolen property (Pen. Code, § 496). The trial court earlier had denied their joint motion to suppress evidence (Pen. Code, § 1538.5) seized during a warrantless entry of their house. Each appellant contends the trial court erred in denying the suppression motion “since there was no testimony of a specific and articulable fact from which a rational link between the items seized and criminal activity could be inferred.” Respondent counters this contention is not cognizable because it was never raised below. For reasons to be stated we will hold the issue was raised and respondent failed adequately to justify the warrantless seizure.

In Wilder v. Superior Court (1979) 92 Cal.App.3d 90 [ 154…