Gallegos
People v. Gallegos
Opinion
Opinion
Aldrich, J.
to Penal Code section 1238, subdivision (a)(7), the People appeal the superior court’s suppression of evidence seized during a search of the home of defendants and respondents Lonnie Hagan Gallegos and his stepson, Jerry Manuel Ramirez. The People contend the trial court erred by “fail[ing] to properly apply the well-established rule that when officers executing a valid search warrant discover weapons and contraband in plain view they may seize those items, even if not denominated in the warrant.” We agree with the People and reverse.
Factual and Procedural Background
1. Undercover investigation of the Mongols motorcycle gang and issuance of search warrant.
In a two-and-one-half year undercover investigation, agents of the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) investigated the Mongols motorcycle gang’s suspected criminal activities, including alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) ( 18 U.S.C. § 1961 et seq.). ATF Special Agent John Ciccone prepared a 167-page affidavit in support of warrants authorizing searches of numerous residences and two businesses believed to be associated with the Mongols.