Glance

People v. Glance

Good Law
1989 Cal. App. LEXIS 358·209 Cal. App. 3d 836·257 Cal. Rptr. 522
Court of Appeal of CaliforniaApril 14, 1989G005757California4,282 words

Opinion

Opinion

Moore, J.

Appellant Patrick Zane Glance was charged by information with possessing cocaine for sale in violation of section 11351 of the Health and Safety Code. He was further alleged to have possessed 28.5 grams or more of cocaine for sale and 57 grams or more of a substance containing cocaine within the meaning of Penal Code section 1203.073, subdivision (b)(1). Following the denial of his motion to suppress evidence, Glance pled guilty and admitted the special allegation.

Glance appeals both from the judgment of conviction and the denial of his motion to suppress. He contends the police conducted a warrantless search of his residence in violation of his Fourth Amendment rights and he challenges a subsequent consent search and search warrant obtained in reliance upon observations made during the warrantless entry.

I

Facts

On December 20, 1986, at about 8:55 p.m., Officer Michael McDermott of the Newport Beach Police Department responded to a general broadcast radio call reporting a structural fire at 4309 Seashore Drive. The first to arrive at the scene, McDermott observed a split level residence “fully involved in flames.” Seeing fire flaring through the front entryway of…

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