Hobbs

This is an appeal, by Gilbert H. Hobbs, following a non jury trial, from a judgment of conviction of the felony of receiving stolen property. (Pen. Code, § 496.) The decisive issue is whether the police found the stolen property, a stripped 1964 Chevrolet El Camino pickup truck in appellant’s possession by means of an unconstitutional warrantless search of a detached garage located on the lot and about 10 feet from the residence of Hobbs, his wife, and her son. We believe they did.

The Facts

Four Los Angeles police officers, led by a Lieutenant Courtial and a Sergeant Halloran, arrived at the Hobbs home at about 5:40 a.m. on May 10, 1967, to arrest Hobbs on a matter not involved in this case and pursuant to an outstanding arrest warrant which they had. After gaining entry the officers informed Mrs. Hobbs that they had a warrant for her husband’s arrest and inquired whether he was there. Mrs. *404 Hobbs replied that he had already left for the gas station where he worked. Thereupon the officers asked Mrs. Hobbs whether they might search “the place” for her husband. Reluctantly she consented.

The officers then glanced into the bedrooms and commenced to search the lot and the…