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PEOPLE v. SOLARIO

Docket No. Crim. 19803.

19 Cal.3d 760 (1977)

566 P.2d 627

139 Cal. Rptr. 725

THE PEOPLE, Plaintiff and Respondent, v. HECTOR SOLARIO, Defendant and Appellant.

Supreme Court of California.

July 28, 1977.

Attorney(s) appearing for the Case

COUNSEL

William P. Min, under appointment by the Supreme Court, for Defendant and Appellant. Roger S. Hanson as Amicus Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Lawrence P. Scherb II and Joyce Luther Kennard, Deputy Attorneys General, for Plaintiff and Respondent.

John K. Van de Kamp, District Attorney (Los Angeles), Harry B. Sondheim and Barry R. Levy, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

CLARK, J.

Following denial of his motion to suppress evidence (Pen. Code, § 1538.5, subd. (i)), defendant pleaded guilty to second degree burglary (Pen. Code, § 459). Seeking review of the search and seizure issue, he appeals from the judgment of conviction (order granting probation) entered on his guilty plea. (Pen. Code, § 1538.5, subd. (m).)

(1) We hold that a police officer, having probable...

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