People v. Allen, Cr. 26683

CourtCalifornia Court of Appeals
Writing for the CourtCOMPTON; FLEMING, Acting P.J., and BEACH
Citation123 Cal.Rptr. 80,50 Cal.App.3d 896
PartiesThe PEOPLE of the State of California, Plaintiff and Respondent, v. Michael ALLEN, Defendant and Appellant.
Decision Date26 August 1975
Docket NumberCr. 26683

Page 80

123 Cal.Rptr. 80
50 Cal.App.3d 896
The PEOPLE of the State of California, Plaintiff and Respondent,
v.
Michael ALLEN, Defendant and Appellant.
Cr. 26683.
Court of Appeal, Second District, Division 2, California.
Aug. 26, 1975.
As Modified Sept. 3, 1975.

[50 Cal.App.3d 898]

Page 81

Richard H. Levin, Los Angeles, under appointment by the Court of Appeal, for defendant and appellant.

Evelle J. Younger, Atty. Gen., Jack R. Winkler, Chief Asst. Atty. Gen., S. Clark Moore, Asst. Atty. Gen., Lawrence P. Scherb, II, and Joyce Luther, Deputy Attys. Gen., for plaintiff and respondent.

[50 Cal.App.3d 899] COMPTON, Associate Justice.

Defendant appeals a judgment of conviction of burglary in the second degree entered after a jury verdict. The trial court found that defendant had suffered four prior felony convictions.

FACTS

On September 26, 1974, at 2:35 a.m., a Santa Barbara police officer observed defendant walking about a darkened used car lot. Believing that the presence of the defendant at the place and hour was unusual the officer decided to investigate. As he approached the defendant, and before parking the patrol car in an adjacent lot, the officer observed that the defendant hesitated, taking 'kind of a stutter step,' when he became aware of the approaching vehicle.

The officer alighted from his vehicle, approached the defendant and asked him for identification. Defendant identified himself as Michael Allen, and produced what was apparently a California Identification card issued by the Department of Motor Vehicles. The name 'Allen' struck a familiar chord with the officer since he knew that a number of persons named Allen had recently been arrested for burglary. He was, however, not certain that Michael Allen, the defendant, was one of those persons.

The officer asked Allen what he was doing in the area. Allen answered that he had been visiting a friend and was on his way back to the Travelers Hotel. The officer observed, however, that rather than walking toward the hotel the defendant was walking away from it. In response to a question defendant admitted that he had been released from prison just three weeks earlier. Coupling this information with the defendant's presence in the car lot the officer suspicioned that something illegal might be taking place.

At about this time the officer noticed that the defendant's pockets appeared to be bulging. Believing that the defendant might be carrying some kind of a weapon the officer patted down the outer surfaces of defendant's shirt and heavy levis. He felt a hard object in defendant's left front pants pocket which he was unable to identify. Thinking that it might be a weapon he pulled it out and saw that it was a set of three car keys solidly taped together.

The word 'Dodge' was written on the tape indicating to the officer that the keys might belong to a car on the lot. There was in fact a Dodge [50 Cal.App.3d 900] automobile sitting on the lot. The officer continued the 'pat down' and found 8 more sets of car keys, each set taped together. He then arrested defendant on suspicion of burglary.

On a previous trip by the car lot some thirty minutes earlier the officer had observed that the premises were intact. Since the area was a high crime area he repeated his visit to the scene at which time he discovered the defendant. After the arrest of defendant another officer appeared at the scene and the two

Page 82

officers then checked the used car lot. They discovered a broken office window, an open desk drawer and number of keys laying about in disarray. Defendant told the officers that someone had given him the keys and that the police would be unable to find his figerprints anywhere. The keys were later identified by the owner of the used car lot as belonging to the cars on the lot.

At trial the defendant testified that he had hitchhiked to Santa Barbara from his home in Santa Maria on September 25th in order to meet a court appearance the next morning. His ride had let him off near the used car lot. On his way to the Virginia Hotel defendant stopped at the rear of the used car lot to urinate. As he was relieving himself, he looked down at the ground and saw numerous keys scattered about. He picked them up intending to give them to his...

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24 practice notes
  • People v. Suennen, Cr. 20129
    • United States
    • California Court of Appeals
    • December 31, 1980
    ...man under the circumstances would be warranted in his belief that his safety or that of others was in danger." (People v. Allen (1979) 50 Cal.App.3d 896, 902, 123 Cal.Rptr. 80; People v. Hubbard (1970) 9 Cal.App.3d 827, 830, 88 Cal.Rptr. Officer Hummel's observations following the traffic s......
  • Collins v. State, No. 92-65
    • United States
    • United States State Supreme Court of Wyoming
    • June 11, 1993
    ...of the rule. E.g., People v. Superior Court of Santa Clara County, 85 Cal.App.3d 1020, 149 Cal.Rptr. 349 (1978); People v. Allen, 50 Cal.App.3d 896, 123 Cal.Rptr. 80 (1975); Juarez, 110 Cal.Rptr. 865. This reasoning has been Page 695 accepted in Minnesota and New Mexico. Wold v. State, 430 ......
  • People v. Franklin
    • United States
    • California Court of Appeals
    • August 26, 1985
    ...392 U.S. at p. 27, 88 S.Ct. at p. 1883; People v. Suennen (1980) 114 Cal.App.3d 192, 199, 170 Cal.Rptr. 677; People v. Allen (1975) 50 Cal.App.3d 896, 902, 123 Cal.Rptr. In the case at bench there were specific and articulable facts known to Officer Coen which amply justified the pat-search......
  • State v. Blackman, No. 1144
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1992
    ...previously been engaged in serious criminal conduct; awareness that the suspect had previously been armed." See also People v. Allen, 50 Cal.App.3d 896, 123 Cal.Rptr. 80 (2d Dist.1975); State v. Giltner, 56 Haw. 374, 537 P.2d 14 (1975); Collett v. State, 167 Ind.App. 185, 338 N.E.2d 286 The......
  • Request a trial to view additional results
24 cases
  • People v. Suennen, Cr. 20129
    • United States
    • California Court of Appeals
    • December 31, 1980
    ...man under the circumstances would be warranted in his belief that his safety or that of others was in danger." (People v. Allen (1979) 50 Cal.App.3d 896, 902, 123 Cal.Rptr. 80; People v. Hubbard (1970) 9 Cal.App.3d 827, 830, 88 Cal.Rptr. Officer Hummel's observations following the traffic s......
  • Collins v. State, No. 92-65
    • United States
    • United States State Supreme Court of Wyoming
    • June 11, 1993
    ...of the rule. E.g., People v. Superior Court of Santa Clara County, 85 Cal.App.3d 1020, 149 Cal.Rptr. 349 (1978); People v. Allen, 50 Cal.App.3d 896, 123 Cal.Rptr. 80 (1975); Juarez, 110 Cal.Rptr. 865. This reasoning has been Page 695 accepted in Minnesota and New Mexico. Wold v. State, 430 ......
  • People v. Franklin
    • United States
    • California Court of Appeals
    • August 26, 1985
    ...392 U.S. at p. 27, 88 S.Ct. at p. 1883; People v. Suennen (1980) 114 Cal.App.3d 192, 199, 170 Cal.Rptr. 677; People v. Allen (1975) 50 Cal.App.3d 896, 902, 123 Cal.Rptr. In the case at bench there were specific and articulable facts known to Officer Coen which amply justified the pat-search......
  • State v. Blackman, No. 1144
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1992
    ...previously been engaged in serious criminal conduct; awareness that the suspect had previously been armed." See also People v. Allen, 50 Cal.App.3d 896, 123 Cal.Rptr. 80 (2d Dist.1975); State v. Giltner, 56 Haw. 374, 537 P.2d 14 (1975); Collett v. State, 167 Ind.App. 185, 338 N.E.2d 286 The......
  • Request a trial to view additional results

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