People v. Superior Court (Orozco)

The People of the State of California (the People) seek a writ of mandate compelling the superior court to vacate its order in favor of Edward Gabriel Mojica (Mojica) suppressing the tape recording of a jail cell conversation on the grounds that the preceding warrantless arrests were unreasonable pursuant to Penal Code section 1538.5, subdivision (a)(1).

The People’s petition was timely filed since it was brought within 30 days of the hearing in the superior court. (Pen. Code, § 1538.5, subd. (o).)

We grant the petition for the reasons discussed below.

The People’s similar petition as to Mario Marguerito Orozco (Orozco) was dismissed after Orozco entered a guilty plea.

Statement of Facts

At approximately 7:30 p.m. on the evening of April 17, 1980, Officers Brinker and Moreno of the Los Angeles Police Department (LAPD) went to the Maldonado home on Siskiyou in response to a report of a shooting. Brinker observed several expended .30 caliber carbine rounds on the street in front of the house and holes in the front bay window. The victim, Robert Maldonado (Maldonado), was rushed to the hospital.

No one in the crowd that had gathered in front of the Maldonado residence…