Suite
People v. Suite
Opinion
Opinion
Scott, J.
Larry Alan Suite appeals from the judgment entered after he pled guilty to two counts of possession of a destructive device or explosive in a public place. (Pen. Code, § 12303.2.) His guilty plea followed the denial of his motions to dismiss and to suppress certain evidence. (Pen. Code, §§ 995, 1538.5.)
Appellant contends the trial court erred in not suppressing evidence obtained when state university police arranged for a “trap” of their own telephone line in an effort to locate the source of several bomb threats, and when the police also tape recorded those threatening calls. We disagree. We conclude that “trapping” is not conduct prohibited by Penal Code section 631, subdivision (a), that the taping procedure did not violate the statutory prohibition against recording of a confidential conversation, and that neither the “trapping” nor the tape recording violated appellant’s rights under either the Fourth Amendment to the United States Constitution or article I, section 13 of the California Constitution.
Early in the morning of December 5, 1977, an anonymous caller telephoned the emergency police phone number at California State University at San Jose, and reported…