The People v. Solorzano CA4/2

STATEMENT OF FACTS

We may in general confine ourselves to the circumstances surrounding the seizure

in question. It was stipulated that there was no warrant for the entry of the home or any

search.

Officer Scott Anderson was responding to a report of a subject who was

combative and argumentative with family members. He observed defendant in the front

yard area of a residence. As defendant appeared agitated, the officer detained him in the

back of his police vehicle while he investigated the matter.

Officer Anderson approached the front of the residence and made contact with a

man who identified himself as Mario Solorzano, defendant’s father. The father told the

officer that his son, defendant, was currently living in his front living room and consented

to the officer entering the residence so he could look around. The officer testified that

“[t]he front door opens up into the main living room of the residence. There’s a couch, a

computer desk, a table, all in the front room.” Defendant’s father informed the officer

1 This detention is not the subject of the appeal.

2 that his son was “staying and sleeping” in the room. The officer saw a hypodermic

syringe in a…