Castillo

Lorenzo Castillo was convicted by plea of possessing cocaine. (Health & Saf. Code, § 11350, subd. (a).) Prior thereto he unsuccessfully moved to suppress evidence pursuant to Penal Code section 1538.5. Probation was granted on certain terms and conditions including the service of 180 days in county jail. He appeals contending that the suppression motion was improperly denied. We disagee, affirm, and vacate the stay order of jail time.

We view the evidence in the light most favorable to the order denying suppression which is required by the familiar rule governing appellate review. (People v. Price (1991) 1 Cal.4th 324, 409 [ 3 Cal.Rptr.2d 106 , 821 P.2d 610 ]; People v. Renteria (1992) 2 Cal.App.4th 440, 442 [ 2 Cal.Rptr.2d 925 ].) Oxnard Police Officer Robert Camarillo, who had done *838 approximately a dozen “bar checks” at the Terraza Casino Bar in Oxnard in the past, went there on December 6, 1989, to do another “bar check.” At the hearing on the suppression motion, Camarillo twice expressly said he went to the Terraza Casino to do a “bar check” which he described as “. . . showing police presence. . . . We’re looking for minors drinking, any other violation of the…

I dissent.

The majority formulates a rule of law essentially comprising a pronouncement that there are no Fourth Amendment prohibitions applying to administrative searches of closely regulated businesses. Federal law holds to the contrary.

I first disagree with the majority’s conclusion that the trial court’s factual finding, that Officer Camarillo entered appellant’s inner office wearing both his bar check hat and his municipal ordinance inspector hat, is supported by substantial evidence. It was undisputed from the testimony at the hearing on the suppression motion that Camarillo went to appellant’s bar at the request of a superior to check for a dance permit. The only request the officer made to appellant upon entering his bar was to produce his dance permit. Camarillo followed appellant down the hall to his office after appellant said he would look for his dance permit documentation there. Before this, appellant had showed the officer all of his business licenses except the requested permit. Indeed, the trial court made the additional finding that Camarillo entered appellant’s office without consent, without a warrant, and without probable cause that appellant had violated…

Lorenzo Castillo was convicted by plea of possessing cocaine. (Health & Saf. Code, § 11350, subd. (a).) Prior thereto he unsuccessfully moved to suppress evidence pursuant to Penal Code section 1538.5. Probation was granted on certain terms and conditions including the service of 180 days in county jail. He appeals contending that the suppression motion was improperly denied. We disagee, affirm, and vacate the stay order of jail time.

(1) We view the evidence in the light most favorable to the order denying suppression which is required by the familiar rule governing appellate review. ( People v. Price (1991) 1 Cal.4th 324, 409 [ 3 Cal. Rptr.2d 106 , 821 P.2d 610 ]; People v. Renteria (1992) 2 Cal. App.4th 440, 442 [ 2 Cal. Rptr.2d 925 ].) Oxnard Police Officer Robert Camarillo, who had done approximately a dozen "bar checks" at the Terraza Casino Bar in Oxnard in the past, went there on December 6, 1989, to do another "bar check." At the hearing on the suppression motion, Camarillo twice expressly said he went to the Terraza Casino to do a "bar check" which he described as "... showing police presence.... We're looking for minors drinking, any other violation…