People v. McGaughran

*581Opinion

MOSK, J.

Defendant was convicted of burglary committed by breaking into a locked automobile with intent to steal. (Pen. Code, § 459.) On this appeal from the judgment, he contends primarily that the superior court should have granted his pretrial motion to suppress the evidence on the ground of illegal search and seizure. (Pen. Code, § 1538.5.) We conclude that his point is well taken and the judgment must be reversed.

The operative facts are without dispute. Early on a" weekday afternoon Police Officer Thomas of the City of Larkspur, Marin County, was on patrol in a marked vehicle in…