Doty

People v. Doty

Good Law
165 Cal. App. 3d 1060·1985 Cal. App. LEXIS 1790·212 Cal. Rptr. 81
Court of Appeal of CaliforniaMarch 21, 1985B004791California2,808 words

Opinion

Opinion

Johnson, J.

This is an appeal challenging a conviction for violating Penal Code section 496—receiving stolen property. The appellant raises two central issues on appeal. First, did the trial court err in denying the appellant’s Penal Code section 1538.5 motion to suppress physical evidence and statements made by the appellant. Second, did the police err when they failed to give the appellant Miranda warnings at the scene of the crime. Because we find no error, we affirm.

I. Facts and Proceedings Below

On September 1, 1983, Officer Michael Keller of the Los Angeles Police Department received a telephone call from an unidentified informant. The informant told him there was a stolen Camaro at 1021 Leeds Avenue which had been stripped. He also told the officer the parts could be found at Norm’s Auto Wrecking. The officer went to the address at Leeds Avenue accompanied by Officer Juan Villanueva. At this address, the officers discovered a black 1977 Camaro. It had been stripped of its engine, transmission, doors, fenders, bumpers, windshield, steering column, identification, and license plates.

The officers called a tow service to pick up the car and then drove to Norm’s. When they…

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