Celis

People v. Celis

Good Law
119 Cal. Rptr. 2d 839·98 Cal. App. 4th 621
Court of Appeal of CaliforniaAugust 28, 2002D037578California3,330 words

Opinion

Opinion

Renato Salvador Celis pleaded guilty to conspiracy (Pen.Code, § 182, subd. (a)(1)) and possession of cocaine for sale (Health & Saf.Code, § 11351) with the amount of cocaine exceeding 20 kilograms (Health & Saf.Code, § 11370.4, subd. (a)(4)). Before pleading guilty, Celis moved to suppress evidence under Penal Code section 1538.5. The court denied the motion to suppress items of physical evidence, but did suppress statements Celis made before he received Miranda warnings. [1] The court sentenced him to prison for 12 years. Celis appeals, contending the court erred in denying his motion to suppress evidence found inside his home and tire because it was the product of an invalid detention and arrest, an unlawful protective sweep of his residence, seizure of items that were not in plain view, and an involuntary consent to search. We affirm the judgment.

From December 1999 to January 2000, Orange County police officers began investigating a new smuggling technique in which drugs and money were placed inside large tires for transport between the Mexican border and central and Northern California. In December 1999, officers surveilled a residence in Lynwood, California.…

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