Garay

On December 3, 1965, defendant was residing in the Grand Central Hotel in the City of Fresno. On that day hotel employee Barbara White, while cleaning his room, observed numerous items of men’s clothing from which the price tags had not been removed. Suspicious of illegal activity, she reported her observations to Miss Dennis, the hotel manager, who also inspected the room. Miss Dennis then called the police and informed them of what she and the maid had seen. Later that afternoon, between 6 and 7 p.m., two police officers came to the hotel and were again told by Miss Dennis what had been observed in defendant’s room. She then escorted the police to the room and opened the door. The police officers, without entering the room, apparently viewed the suspicious items from the hallway.

Thereafter, on the same evening, Officers Wood and Lopez were assigned to stake-out two subjects (the defendant and one Manuel Espinosa) at the Grand Central Hotel for the possibility of shoplifting. They arrived at the hotel sometime between 8 and 9 p.m. but the stake-out that evening was uneventful. They resumed the stake-out the next day, Saturday, December 4, with Wood positioned outside the hotel…