Lindsey

People v. Lindsey

Good Law
182 Cal. App. 3d 772·1986 Cal. App. LEXIS 1748·227 Cal. Rptr. 550
Court of Appeal of CaliforniaJune 24, 1986B014052California2,407 words

Opinion

Opinion

Eagleson, J.

This appeal concerns the legality of a search for the vehicle identification number in a car believed by police officers to be stolen. We conclude that under the facts of this case, the search was lawful and the trial court correctly refused to suppress evidence thereby obtained.

Facts

Following the trial court’s denial of the motion to suppress, defendant Kenneth Lindsey pleaded no contest to the felony offense of receiving stolen property, to wit, a 1977 BMW automobile. (Pen. Code, § 496.) Pursuant to Penal Code section 1538.5, subdivision (m), he brought this appeal to test that ruling.

The People’s one witness at the hearing was Officer Knebel, then auto theft investigator for the Pasadena Police Department. Knebel testified that on July 21, 1982, he went armed with a warrant to defendant’s home and arrested him for receiving a stolen Chevrolet automobile. While there, Knebel saw a BMW parked in defendant’s driveway.

As of that date, Knebel had received information from a reliable informant which led him to believe that the BMW also was a stolen car. Specifically, Knebel was advised that defendant had purchased the car from one “Shakey,” known to Knebel as the…

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