Erwin

On September 2, 1991, defendants Lee Corbett Erwin and Thomas N. Tanner burglarized a Payless Drug Store and made off with bank deposit bags containing approximately $14,000. However, unknown to them the bags contained a property tag, or electronic beeper, placed in the bags by Payless, which transmitted a signal thereby enabling officers to track the stolen property. The property was tracked to a motel room where the officers made warrantless entry, arrested defendants, and recovered the loot.

In the municipal court, defendants unsuccessfully moved to suppress evidence of their involvement in the burglary. (Pen. Code, § 1538.5.) They then waived preliminary hearing and were bound over for trial.

In the superior court, defendants were charged jointly by information with one count of burglary (Pen. Code, § 459). They moved to set aside the information (Pen. Code, § 995) on the ground the evidence should have been suppressed. Finding no exigent circumstances justifying the officers’ warrantless entry, the court granted the motion. The case was dismissed, and the People appealed (Pen. Code, § 1238, subd. (a)(1)).

In an unpublished opinion, we reversed, finding both…