People v. Superior Court

In this proceeding under Penal Code section 1538.5, subdivision (o), the People ask review of an order of the superior court *88 suppressing evidence seized when officers entered two residences in fresh pursuit of burglary suspects. The trial court based its suppression order solely upon the ground that the nighttime burglary of a retail store is not an offense of sufficient gravity to justify entering a private residence to make a warrantless arrest.

At about 4 a.m. on November 22, 1978, police were called to the Casual Girl Clothing Store on South Vermont Avenue, where burglars had broken in by ramming an automobile through the front of the building. Four males and two vehicles had been seen leaving the location. Information obtained at the scene led the officers to an alley behind 5 2d Street, about a half mile away. A sergeant was called to that location to supervise the investigation. In a garage opening onto the alley back of 1156 West 52d Street, they found a vehicle which appeared to be the one which had broken the store front. Inside that car were piles of clothing, bearing Casual Girl price tags. Other Casual Girl clothing items were on the ground. A citizen…