Carr

Following a preliminary hearing in the municipal court, respondent was charged by information with attempted burglary, Penal Code sections 459 and 664, (count I); burglary, Penal Code section 459, (counts II and III); and receiving stolen property, Penal Code section 496, (count IV).

Respondent moved under Penal Code section 995 to discharge the information on the ground that the evidence against him was obtained pursuant to an illegal search and seizure. The motion was granted as to counts II, III and IV of the information. The People appeal.

Respondent was arrested in Burbank, California, in the act of breaking down the rear door of a furniture store with his automobile. An automobile matching the description of respondent’s car had been previously spotted at the scene of several other furniture store burglaries in the Burbank area.

George Carsten, a Burbank police detective, who investigated the case, testified at the preliminary hearing to a conversation he had with respondent in the Burbank jail and to subsequent events, as follows:

While waiting by respondent’s side, Detective Carsten noticed several articles of furniture in respondent’s home which matched the…