People v. Williams

Good Law
1992 Cal. App. LEXIS 227·3 Cal. App. 4th 1535·5 Cal. Rptr. 2d 372·92 Daily Journal DAR 2709
Court of Appeal of CaliforniaFebruary 27, 1992E008045California2,944 words

Opinion

Opinion

McKINSTER, J.

After his motion to suppress evidence was denied (Pen. Code, § 1538.5), the defendant pleaded guilty and was convicted. We reverse the judgment and remand the cause for further proceedings on the suppression motion.

Factual and Procedural Background

On December 26, 1989, a warrant was issued for the search of both a duplex apartment in Rialto and the person of the defendant. When the warrant was executed on January 4, 1990, no occupants of the apartment were present. Upon searching the apartment, the officers discovered marijuana and rock cocaine. Based upon these discoveries, the officers decided to arrest the defendant if he were to appear.

While the search of the apartment was continuing, the defendant drove up and parked in front of the apartment. He was ordered out of the car and was immediately arrested and handcuffed.

After the arrest of the defendant, officers inside the apartment discovered various documents bearing the name of the defendant, some photographs of the defendant, and two shotguns. Meanwhile, the defendant was transported to the police station, where a custodial search revealed a “wad” of currency and additional rock cocaine.

The information…

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