Rodriguez

Benjamin Rodriguez appeals from the judgment (order granting probation) entered following his plea of guilty to being an accessory after the fact to another’s possession of heroin (Pen. Code, § 32; Health & Saf. Code, § 11350). He contends: “The court below erred in denying appellant’s motion to suppress pursuant to § 1538.5 of the Penal Code. A. The trial court’s reliance on the Ferdin and Freeny cases was misplaced. B. The police failed to follow their own departmental procedure—secure the residence and obtain a warrant. C. Ramey overrules the Ferdin and Freeny cases.”

Viewed in the light most favorable to the judgment as is required by the usual rule governing appellate review, the evidence established that Long Beach Police Officer William Swanson received a telephone call *271 from an unknown female tipster who indicated that for some unspecified reason she suspected narcotics transactions might be taking place at apartment 2 at 6268 Long Beach Boulevard in Long Beach. She mentioned the name “Javier” and indicated that the “heaviest traffic” occurred at approximately 3 p.m., and that stolen property might be being traded for narcotics.

Officer Swanson decided to…

I dissent.

The record in this case is replete with evidence that the officers had probable cause to believe that a felony was being committed on the premises where the arrest was made. The majority, relying on People v. Ramey (1976) 16 Cal.3d 263 [ 127 Cal.Rptr. 629 , 545 P.2d 1333 ], feel compelled to hold that, nevertheless, the officers’ entry into the premises was unreasonable.

In my opinion, this is just another one of the absurd results which flow from the exclusionary rule. Whatever value the exclusionary rule may be said to have, its stated primary purpose is to provide a protection against unreasonable intrusions into the homes of law-abiding citizens. The judicial engrafting of the concept of Ramey onto the fundamental rule is supposed to achieve this objective.

In my opinion, constitutional liberties are not advanced one iota by endowing the transient occupancy of motel accommodations under the circumstances of this case with the attributes of a “home and castle.” It is obvious that these individuals were using the premises to operate what amounted to a volume store-front business of trading narcotics for stolen property. While they may have sought privacy, they are…

Benjamin Rodriguez appeals from the judgment (order granting probation) entered following his plea of guilty to being an accessory after the fact to another's possession of heroin (Pen. Code, § 32; Health & Saf. Code, § 11350). He contends: "The court below erred in denying appellant's motion to suppress pursuant to § 1538.5 of the Penal Code. A. The trial court's reliance on the Ferdin and Freeny cases was misplaced. B. The police failed to follow their own departmental procedure — secure the residence and obtain a warrant. C. Ramey overrules the Ferdin and Freeny cases."

Viewed in the light most favorable to the judgment as is required by the usual rule governing appellate review, the evidence established that Long Beach Police Officer William Swanson received a telephone call from an unknown female tipster who indicated that for some unspecified reason she suspected narcotics transactions might be taking place at apartment 2 at 6268 Long Beach Boulevard in Long Beach. She mentioned the name "Javier" and indicated that the "heaviest traffic" occurred at approximately 3 p.m., and that stolen property might be being traded for narcotics.

Officer Swanson…