Lurie

People v. Lurie

Good Law
1967 Cal. App. LEXIS 1758·257 Cal. App. 2d 98·64 Cal. Rptr. 637
Court of Appeal of CaliforniaDecember 18, 1967Crim. No. 12981California2,507 words

Opinion

Lead Opinion

Lillie, J.

—D’Allesandro, Lynn Jenkins and Lurie were found guilty of second degree burglary (Pen. Code, § 459) and grand theft (§487, subd. 1, Pen. Code); the same charges were dismissed as to Jenkins on her motion (Pen. Code, § 995). Defendants were sentenced to the state prison on each *100 count, but sentence on the grand theft conviction was stayed pending service of sentence on the burglary, the stay thereafter to become permanent. This appeal involves Lurie only.

On March 23, 1965, the apartment of Sylvia Elkins was forcibly entered and four furs and two sweaters worth $9,350 were stolen.

Appellant’s main contention is that there was no probable cause for arrest and that the evidence, the result of an illegal search and seizure, was inadmissible. In the absence of a warrant a peace officer may arrest a person whenever he has reasonable cause to believe that the person arrested has committed a felony. (Pen. Code, § 836, subd. 3; People v. Torres, 56 Cal.2d 864, 866 [ 17 Cal.Rptr. 495 , 366 P.2d 823 ]; People v. Fischer, 49 Cal.2d 442, 446 [ 317 P.2d 967]; People v. Ingle, 53 Cal.2d 407, 412 [ 2 Cal.Rptr. 14 , 348 P.2d 577 ]; People v. Schader, 62 Cal.2d 716, 722 [ 44 Cal.Rptr. 193 ,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.