People v. Minjares

*414Opinion

BIRD, C. J.

— Appellant was convicted of two counts of first degree robbery (former Pen. Code, §§ 211, 211a) and was found to have been armed at the time of his arrest. He contends that the warrantless search of a tote bag found in his car’s trunk after his arrest was unlawful. This court agrees.

I

Around 8:30 p.m., on December 19, 1975, Mariana Mungia and another employee were checking and bagging groceries at checkstand four of a Safeway store in Fremont. A tall man approached the checkstand, showed them he had a gun, and told them to put the money from the cash register into a paper…