Ramirez

We hold that a bench warrant may be endorsed for night service when the court records show that a defendant has repeatedly failed to appear or to obey the court process.

Defendant Jesse Alan Ramirez pleaded guilty to four counts of first degree burglary. (Pen. Code, § 459.) He filed a motion to suppress his extrajudicial statements (§ 1538.5), claiming that the nighttime arrest pursuant to a misdemeanor bench warrant was unlawful. The motion was denied. We affirm.

Shortly after 3 a.m., Police Officer Barry Delavan was dispatched to defendant’s apartment following a report by a citizen that two men were fighting inside the apartment. En route, he received a radio report that someone else had called to say that the fighting had stopped. Officer Delavan continued to the apartment where the lights were on and two men were talking. When a police backup unit arrived moments later, the lights were quickly extinguished and the conversation immediately ceased. Based on his review of “beat copies” of issued bench warrants, Officer Delavan was aware that defendant had numerous outstanding misdemeanor arrest warrants stemming from his failure to appear in court, and that at least…