People v. Ruggles

125 Cal. App. 3d 473, 178 Cal. Rptr. 231, 1981 Cal. App. LEXIS 2334
CourtCalifornia Court of Appeal
DecidedNovember 10, 1981
DocketCrim. 35011
StatusPublished
Cited by2 cases

This text of 125 Cal. App. 3d 473 (People v. Ruggles) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ruggles, 125 Cal. App. 3d 473, 178 Cal. Rptr. 231, 1981 Cal. App. LEXIS 2334 (Cal. Ct. App. 1981).

Opinions

Opinion

DALSIMER, J.

David Wendell Ruggles (defendant) appeals his conviction after a guilty plea on one count of robbery with the use of a firearm in the commission of the offense.

Procedural History

Defendant was charged with (1) robbery (Pen. Code, § 211) and the use of a firearm in the commission of the offense (Pen. Code, § 12022.5) and (2) possession of a firearm by an ex-felon (Pen. Code, § 12021). The information was subsequently amended to charge six prior convictions, and thereafter the case was consolidated with a second case in which a single count of robbery (Pen. Code, § 211) was charged. Defendant pled not guilty to the charges, denied the priors, and moved to suppress evidence pursuant to section 1538.5 of the Penal Code. A hearing on the section 1538.5 motion ensued, and, following denial of that motion by the trial court, defendant, pursuant to a negotiated plea, withdrew his not guilty plea and entered a plea of guilty to count I (robbery), admitted the use allegation charged under section 12022.5, and also admitted three of the six prior convictions.

Defendant then appealed the denial of his section 1538.5 motion and the judgment of conviction. This court on June 16, 1980, filed its unpublished opinion wherein we ruled that the section 1538.5 motion to suppress was properly denied and affirmed the conviction. On August 13, 1980, the California Supreme Court denied defendant’s petition for a hearing. On November 6, 1980, defendant filed a petition for a writ of certiorari with the United States Supreme Court.

Defendant’s petition presented to the Supreme Court a single ques[478]*478tion: “Was the warrantless search of petitioner’s briefcase, while he was under the exclusive control of the police, invalid, thereby necessitating the granting of petitioner’s motion to suppress?”

On July 2, 1981, the United States Supreme Court granted defendant’s petition and the clerk of the court advised this court, “[T]he judgment of the Court of Appeal in this cause is vacated, and . .. this cause is remanded to the Court of Appeal of California, Second Appellate District, for further consideration in light of Robbins v. California [(1981) 453 U.S. 420].”

Facts

In November 1978 Sergeant Morosky of the Los Angeles Police Department, intelligence division, received information that defendant had participated in several armed robberies in the City of Los Angeles. The sergeant communicated this information to Officer Robert G. Mc-Seveney of the robbery-homicide division of the Los Angeles Police Department. McSeveney was also informed that defendant was a parolee, had been in prison for armed robbery, and was living in San Pedro. He was given a physical description of the defendant, and he obtained verification of defendant’s description and criminal record from the records and identification division of the department. Morosky indicated to McSeveney that defendant had been involved in a recent motel robbery in which he had been accompanied by a male Latin, that during the commission of the robbery defendant had been armed and had handcuffed the victim, and that defendant drove a black over red Mercury Montego automobile. It was learned by McSeveney that defendant had been seen in the locale of the Nutel Motel and that he posed as a law enforcement officer. During the Nutel Motel robbery the victim had been shown a badge and told that the robber was an agent of the state narcotics department or of the Department of Justice.

After making a showup card with a photograph of the defendant, McSeveney displayed that card to the victim of the robbery and to two female employees of the motel. Mr. Carragher, the victim, stated that the person in the photograph strongly resembled the man who had robbed him.

From the information received by McSeveney concerning the Nutel robbery, he concluded that the description of the robber coincided with that of the defendant, that the defendant was the robber, and that he [479]*479had probable cause to arrest defendant. In spite of these conclusions no attempt was made to arrest the defendant because the officers hoped that by placing him under surveillance they would be able to effectuate the arrest of the accomplice as well. A surveillance of defendant and his residence was instituted.

On January 2, 1979, Sergeant Morosky told Officer McSeveney and his partner, Sergeant Stein, that he had information that the defendant was going to commit a major robbery and that there would be another suspect in the robbery. He informed them that the defendant was to meet the other person at 8 o’clock in the morning of January 3, 1979, on Reseda Boulevard near the Ventura Freeway in the San Fernando Valley and that the two of them would rob a jewelry store in Santa Barbara. Morosky said that his informant had indicated that two handguns would be used and that defendant normally carried one of the weapons on the small of his back and probably would have the second weapon in a briefcase or a satchel. McSeveney contacted the surveillance team and informed them that the defendant was armed and dangerous. They were made privy to all of the information related above and instructed to stop and arrest the defendant should he appear to be leaving the County of Los Angeles.

On the morning of January 3, Officer Brooks of the Los Angeles Police Department, a member of the surveillance team, set up a surveillance in the area of Reseda Boulevard and the Ventura Freeway as instructed. In addition to Officer Brooks, there were ten other officers, five or six police vehicles, and a helicopter employed in the surveillance. Brooks and his partner, Sergeant Hagele, took their positions at 7 a.m. and commenced communications by radio with other surveillance team members.

Observing the defendant’s automobile, Brooks watched defendant drive to a location on the north side of Irwin just east of Reseda Boulevard. Brooks watched defendant park and leave the automobile. Defendant was continuously looking back and forth, up and down the street, and from side to side. He then went to the rear of the vehicle, opened the trunk, removed a brown briefcase, and, continuing to make careful observations of the area, entered an apartment building complex.

Approximately 10 to 15 minutes later defendant returned to the car, again looking up and down the street, and opened the trunk, replacing [480]*480the brown briefcase therein. He then drove to the Ventura Freeway and entered proceeding westbound to the area of Chesebar. The surveillance team decided that defendant was about to leave the county, whereupon they stopped him. A black and white police unit displayed a red light, and defendant parked his vehicle on the shoulder in the center of the freeway. Defendant immediately emerged from the car, and Officer Brooks and other officers approached, displaying three or four handguns and at least one shotgun, all of which were pointed at the defendant. Complying with instructions, defendant lay prone on the center divider, where he was handcuffed, patted down, and informed that he was under arrest. He was then stood up against the center divider fence. By this time at least five or six police vehicles and approximately ten to twelve officersffiad gathered.

Brooks looked into defendant’s vehicle and observed in plain view a police call scanner, as well as narcotic paraphernalia, including two small vials such as frequently contain various narcotics.

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Related

People v. Gee
130 Cal. App. 3d 174 (California Court of Appeal, 1982)
People v. Ruggles
125 Cal. App. 3d 473 (California Court of Appeal, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
125 Cal. App. 3d 473, 178 Cal. Rptr. 231, 1981 Cal. App. LEXIS 2334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ruggles-calctapp-1981.