Flores

In these consolidated appeals, we consider the lawfulness of a warrantless search immediately following a valid arrest and the validity of an ensuing search warrant. We conclude that both of the challenged searches were lawful thus requiring reversal of the order of dismissal in Criminal No. 18751 and affirmance of the judgment in Criminal No. 19062. We explain our reasons hereafter.

Statement of the Case

Criminal No. 18751: Defendant was arrested and charged with violations of Health and Safety Code sections 11378 (possession for sale of phencyclidine or PCP) and 11359 (possession of marijuana for sale) and four prior felony convictions. Following arraignment and plea, defendant moved to suppress certain evidence seized at the time of his arrest. Upon conclusion of the evidentiary hearing, the motion was granted and both counts were ultimately ordered dismissed; the People appeal the order of dismissal.

Criminal No. 19062: Defendant was separately charged with a violation of Health and Safety Code section 11378 (and similar prior felony convictions) as a result of evidence seized during a subsequent warrant search of his motel room. Defendant thereafter challenged the…