Rice

Shortly after midnight in the early hours of December 14, 1966, Officer Smith of the San Diego police, in uniform and alone in a marked police car, saw defendant, who was then 19 years of age, standing on the sidewalk at the southeast corner of tile intersection of Lamont and Garnet Streets in the Pacific Beach area of San Diego; defendant appeared to be trying to hitch a ride.

The area was one in which there were many business houses which were closed, and also was an area in which currently there had been unsolved burglaries, the reports of which had come to Smith’s attention. There was no pedestrian traffic and very little vehicular traffic at that time and place.

Smith thought that possibly defendant might have been responsible for one or more of the burglaries, although he had no information connecting defendant with them.

After stopping his car and alighting, Smith approached defendant and asked him what he was doing in the area at that time of the morning; was told defendant had been visiting a friend in the area and was returning home; asked defendant for identification, which was given satisfactorily and which disclosed defendant’s home as in Bast San Diego, a district…