Sotelo

I. Introduction

This is an appeal by the People from an order of the trial court dismissing several drug-related charges against the defendant after the prosecution admitted it could not proceed to trial because of the court’s grant of a second motion made by the defendant to suppress evidence discovered in a search of the defendant’s home. Previously, another trial judge in the same county had denied the defendant’s first motion under Penal Code section 1538.5 1 to suppress the same evidence, a motion based on the police’s alleged violation of the “knock-notice” provisions of section 1531. We hold that the court improperly reconsidered this issue and, accordingly, reverse.

II. Factual and Procedural Background

On August 9, 1993, Pleasanton Police Detective Debbie Blumenthal submitted an affidavit for a warrant to search defendant’s person, home (located in Benecia, Solano County) and vehicle. The affidavit alleged that Detective Blumenthal had met with a “citizen informant” who lacked any prior criminal history and who claimed that defendant was involved in the manufacture and use of methamphetamine. The affidavit further alleged that the consultation of records from…

The majority opinion is in my view irreconcilable with the pertinent case law; the result is both anomalous and unjust.

It is undisputed in this case that “ineffectiveness of counsel infected the first suppression hearing” (People v. Superior Court (Corona) (1981) 30 Cal.3d 193, 200 [ 178 Cal.Rptr. 334 , 636 P.2d 23 ]) that appellant therefore cannot be said to have had the opportunity for a ‘full determination of the grounds to suppress evidence, (ibid.) and that he is for this reason entitled to another suppression hearing. (Ibid:, People v. Camilleri (1990) 220 Cal.App.3d 1199, 1203 [ 269 Cal.Rptr. 862 ]. Nevertheless, enunciating a heretofore unknown legal principle, the majority says that the second suppression hearing that is required in these circumstances may only address issues not presented at the first hearing. No appellate court of this state has ever before applied such a limitation, which denies the defendant the opportunity to fully litigate his claim that evidence should be suppressed; that is, to address all of the bases of that claim. On the contrary, in Corona, supra, the Supreme Court indicated that the judge presiding over the second suppression hearing has…

This is an appeal by the People from an order of the trial court dismissing several drug-related charges against the defendant after the prosecution admitted it could not proceed to trial because of the court's grant of a second motion made by the defendant to suppress evidence discovered in a search of the defendant's home. Previously, another trial judge in the same county had denied the defendant's first motion under Penal Code section 1538.5 [1] to suppress the same evidence, a motion based on the police's alleged violation of the "knock-notice" provisions of section 1531. We hold that the court improperly reconsidered this issue and, accordingly, reverse.

On August 9, 1993, Pleasanton Police Detective Debbie Blumenthal submitted an affidavit for a warrant to search defendant's person, home (located in Benecia, Solano County) and vehicle. The affidavit alleged that Detective Blumenthal had met with a "citizen informant" who lacked any prior criminal history and who claimed that defendant was involved in the manufacture and use of methamphetamine. The affidavit further alleged that the consultation of records from other law enforcement agencies and…