P.

P. v. Souza CA1/1

Good Law
Court of Appeal of CaliforniaJuly 24, 2013A134270California5,180 words

Opinion

Opinion

Dondero, J.

introduction of statements Souza made to a police officer who was conducting a residential search. Defendant argued, in part, that absent the ability to cross-examine Souza, the admission of statements made by him during a police interview would contravene her Sixth Amendment right of confrontation under Crawford v. Washington (2004) 541 U.S. 36, 52 (Crawford). At the hearing on this motion, officer Rio DelMoral testified that he interviewed Souza at his house in Modesto on May 3, 2007. DelMoral had gone to the residence with other officers to execute a search warrant. The officers initially placed Souza in handcuffs and conducted a protective sweep of the house. When they searched the home, they found over 930 lithographs. After the handcuffs were removed, DelMoral told Souza that lithographs had been found in the back bedroom of the residence. When asked how he came into possession of the items, Souza stated that he had obtained the alarm security codes for a business called Prints Old and Rare. He had taken these codes from his wife, without her knowledge, and had entered the warehouse in the early morning hours to steal the items. He said he had done this on three different…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.