Cornelius

Cornelius v. Superior Court

Good Law
102 Cal. Rptr. 59·1972 Cal. App. LEXIS 1056·25 Cal. App. 3d 581
Court of Appeal of CaliforniaMay 16, 1972Civ. No. 1639California2,129 words

Opinion

Lead Opinion

Stone, J.

*583 Opinion

We granted a hearing on this writ, not because we were troubled about the lower court’s ruling on the merits, but for the reason the procedural problems presented appear to be res nova. Briefly, the facts are these: Petitioner was one of the proprietors of a used car sales lot in Bakersfield. Law officers in Kern County were told by a reliable informant that petitioner and several other men were engaged in dismantling, reassembling and selling campers and pickup trucks which had been stolen by a theft ring in Southern California. An extensive investigation corroborated that information.

The officers observed a camper on petitioner’s used car lot which had been reported stolen from the owner, Mr. McLain. They arranged for him to come from his home in Glendale to Bakersfield where, on July 11, 1970, he accompanied Officer Hall to petitioner’s lot. He identified the camper as his. Officer Hall kept the camper under surveillance and late in the afternoon of July 13 he observed it being placed on a Chevrolet pickup. About 6:30 p.m. the unit was driven away, and Officer Hall and Sergeant Bell of the Kern County sheriff’s office followed and stopped it when out of sight of…

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