Higgins

People v. Higgins

Bad Law
1994 Cal. App. LEXIS 664·26 Cal. App. 4th 247·31 Cal. Rptr. 2d 516·94 Daily Journal DAR 9130·94 Cal. Daily Op. Serv. 4965
Court of Appeal of CaliforniaJune 28, 1994G013616California2,659 words

Opinion

Opinion

Sonenshine, J.

— John Anthony Higgins and Melissa Jill Ayotte pleaded guilty to various narcotics offenses after the trial court denied their Penal Code section 1538.5 motions. We find the motions were properly denied and affirm the judgments.

I

Around 11 o’clock one evening, Officer Green responded to an anonymous report of a domestic disturbance involving “a man shoving a woman around.” Green met Officer Grundeman at the residence, and together they knocked on the back door. When no one responded, the officers walked around to the front door. While doing so, Officer Grundeman saw a man inside the residence and heard a shout from within.

The officers knocked on the front door, and after about 30 seconds Ayotte answered. She was breathing heavily and appeared “extremely frightened, . . . afraid, very fidgety, [and] very nervous.” She also had a “little red mark” under one eye and slight darkness under both eyes. Based on his experience, Green believed the red mark was caused by Ayotte being struck or slapped in the face.

Green explained why they were there and asked Ayotte if she was all right. Ayotte said she was and explained the red mark was a birthmark. She also said she had…

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