In Re Robert T.

These consolidated appeals are from two orders of the juvenile court declaring the minor appellants wards of the court, pursuant to section 602 of the Welfare and Institutions Code (delinquency). The only contention is that the prosecution’s case was based on evidence obtained as the result of unlawful search and seizure since the entry into their apartment was induced by a ruse.

The record reveals the following facts: Around January 16, 1969, the home of Mr. Marasco at 740 Madison Street in Albany, and the nearby apartment of Mr. Bagby at 935 Solano Avenue were burglarized. About three days later, one of the victims and the Albany police received anonymous letters consisting of words cut from newspapers and pasted on a blank piece of paper, stating that the thieves and goods could be found in apartment No. 6 at 935 Solano Avenue.

On January 21, 1969, Sergeant Melvin Boyd of the Albany Police Department contacted Mr. Turkmany, the owner of the apartment building at 935 Solano. After a conversation about the notes and the burglaries, both went to 935 Solano Avenue. First, they stopped at apartment No. 16, occupied by the manager, Mr. Bagby, and then proceeded to No. 6.…