LORENZANA v. SUPERIOR COURT

Docket Nos. L.A. 29989, 29990.

9 Cal.3d 626 (1973)

511 P.2d 33

108 Cal. Rptr. 585

RICHARD CARL LORENZANA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. HUMBERTO SALAS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Consolidated Cases.)

Supreme Court of California. In Bank.

June 20, 1973.


Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, James L. McCormick, Michael Rothschild, Harold E. Shabo and Frank H. Horowitz, Deputy Public Defenders, and Walter Culpepper for Petitioners.

No appearance for Respondent.

Joseph P. Busch, District Attorney, Harry Wood and Harry B. Sondheim, Deputy District Attorneys, for Real Party in Interest.


OPINION

TOBRINER, J.

The crucial question we face here is whether a citizen may properly be subjected to the peering of the policeman who, without a search warrant, walks over ground to which the public has not been invited but which has been reserved for private enjoyment, stands by a window on the side of a house and peeks through a two-inch gap between the drawn window shade and the sill...

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