Matelski

The People appeal denial of a motion to reinstate a criminal complaint under Penal Code section 871.5. 1 (§ 1238, subd. (a)(9).) The People contend that section 871.5 allows a motion for reinstatement when the superior court determines the magistrate erred in granting a suppression motion under section 1538.5. On the merits, the People contend the magistrate erred in finding that the officers acted unreasonably in detaining defendants to determine if they were convicted felons. The People argue the officer’s actions were reasonable because defendants were visiting a probationer who was subject to a probation term that prohibited him from associating with convicted felons. The People also contend that the officers acted reasonably in arresting defendants on outstanding warrants, and in searching them for contraband. The officers found drugs in Herminia Matelski’s purse, and those drugs were the subject of the suppression motion.

Defendants argue their detention was improper because there was no suggestion they were engaged in suspicious activity. Accordingly, they argue that the magistrate properly granted the suppression motion, and the superior court properly denied the…

I respectfully dissent.

There is no dispute over the facts in this case. We therefore exercise our independent judgment to determine whether on the basis of those undisputed facts the detention and ultimate search of the Matelskis was reasonable under the Fourth Amendment. (People v. Glaser (1995) 11 Cal.4th 354, 362 [ 45 Cal.Rptr.2d 425 , 902 P.2d 729 ].)

It is undisputed that the Matelskis were exiting the home of Michael Mitchell as officers arrived for a parole search of Mitchell’s home. The officers did not have a search warrant, but needed none to search Mitchell’s home under the terms of his parole. The officers detained the Matelskis not because of any concern for officer safety, or because they feared the Matelskis would alert Mitchell to their presence, or because of concern about flight, or because they believed the house belonged to the Matelskis. (People v. Glaser, supra, 11 Cal.4th at p. 365 .) The officers articulated no “. . . facts causing [them] to suspect that (1) some activity relating to crime has taken place or is occurring or about to occur, and (2) the [Matelskis were] . . . involved in that activity.” (People v. Leyba (1981) 29 Cal.3d 591, 597 [ 174…

HOLLENHORST, Acting P.J.

The People appeal denial of a motion to reinstate a criminal complaint under Penal Code section 871.5. [1] (§ 1238, subd. (a)(9).) The People contend that section 871.5 allows a motion for reinstatement when the superior court determines the magistrate erred in granting a suppression motion under section 1538.5. On the merits, the People contend the magistrate erred in finding that the officers acted unreasonably in detaining defendants to determine if they were convicted felons. The People argue the officer's actions were reasonable because defendants were visiting a probationer who was subject to a probation term that prohibited him from associating with convicted felons. The People also contend that the officers acted reasonably in arresting defendants on outstanding warrants, and in searching them for contraband. The officers found drugs in Herminia Matelski's purse, and those drugs were the subject of the suppression motion.

Defendants argue their detention was improper because there was no suggestion they were engaged in suspicious activity. Accordingly, they argue that the magistrate properly granted the suppression motion, and the superior court…