Rivera
People v. Rivera
Opinion
Opinion
Anderson, J.
Defendant James Earl Rivera (appellant) appeals his convictions for auto theft (Veh. Code, § 10851, subd. (a)) and attempted burglary (Pen. Code, §§ 459/664). He claims that certain evidence supporting his arrest should have been suppressed pursuant to section 1538.5, since his arrest was accomplished without probable cause and by a police dog. He further claims that the court’s admission of this evidence requires reversal of his convictions under Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]. We disagree and affirm.
I. Facts
On May 21, 1991, Oakland police received information “that a James Rivera was going to hit an A.T.M. on Hegenberger Road at approximately 4:00 o’clock in the morning,” and that he would be armed.
Several Oakland police officers therefore began surveillance of automatic teller machines (ATM) located along Hegenberger Road during the early morning hours of May 22, 1991. One of the locations they monitored was the ATM at the City and County Employees Credit Union, located near the intersection of Hegenberger and Edgewater Roads. About 4:07 a.m., police observed two Black males arrive in a stolen Ford…