Moore

People v. Moore

Good Law
140 Cal. App. 2d 870
Court of Appeal of CaliforniaApril 18, 1956Crim. No. 5510California1,346 words

Opinion

Opinion

Defendant, having been convicted of bookmaking, appeals from the judgment and an order denying her motion for new trial. Defendant voluntarily and fully confessed the crime to the police after her arrest, and her counsel do not now suggest that she is innocent. The only claim made in support of the appeal is that material evidence was obtained through an unlawful search and seizure and should not have been admitted at the trial.

On January 26, 1955, at about 2:00 p. m., seven sheriff's deputies and one officer of the Compton Police Department, went to a residence at 1816 Ezmirlian Street, in Los Angeles County, where Deputy Caraway, as he testified, looked through the dining room window and saw defendant seated at the dining table. [1] Making such observations through a window does not constitute an unreasonable search and the officers were entitled to act upon the information thus obtained (People v. Martin, 45 Cal.2d 755, 762-763 [ 290 P.2d 855 ]). Though the window had venetian blinds there were apertures through which the officer could observe defendant. She was seated at the table with a telephone beside her, numerous pads and slips of paper in front of her;…

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