Camilleri

1. Introduction

Defendant Bruce Camilleri questions whether under the circumstances of this case the Fourth Amendment permitted police to enter and “secure” his residence pending procurement of a search warrant. Defendant pled guilty to possession for sale (Health & Saf. Code, § 11351) and sale (Health & Saf. Code, § 11352) of 57 grams or more of a substance containing cocaine (Pen. Code, § 1203.073, subd. (b)(1)). Defendant appeals from the judgment and seeks review of the denial of his second motion to suppress evidence. (Pen. Code, § 1538.5, subd. (m).) For the reasons stated below, we will affirm.

2. Procedure

Defendant’s first suppression motion in superior court claiming lack of consent and failure to comply with the knock-notice provisions of Penal Code section 844 was denied after a hearing on April 6, 1988. On June 6, 1988, with new counsel, defendant filed a second pretrial motion claiming illegal warrantless entry. Original defense counsel declared that he had failed to make the current argument through “neglect on my part, and not due to any tactical decision.” On July 15, 1988, the court, over objection, reached the merits “rather than subjecting the…