Weise

BENKE, Acting P.J.

The People appeal denial of a motion to reinstate a criminal complaint under Penal Code [1] section 871.5. (§ 1238, subd. (a)(9).) The People contend the magistrate erred in suppressing evidence obtained when police officers entered a residence to check on the welfare of occupants. We find the seizure of evidence was proper and therefore the superior court's refusal to grant the People's motion under section 871.5 was erroneous.

On June 11, 1999, at approximately 9:45 p.m., San Diego Police Officer Thomas Broxtermann received a radio call to proceed to a residence in Pacific Beach. The residence was a single-story unit, which was part of a complex consisting of two duplexes separated by a walkway. A neighbor at the residence, Ms. Sweetman, reported loud music had been coming from the unit and she and other people at the complex were upset and worried. Broxtermann and a second officer, Jason McAnnally, responded.

On arriving, Broxtermann could hear the music from outside the complex. Ms. Sweetman informed Broxtermann she knew the two men who lived in the apartment as "Chris" and "Johnny" (later identified as defendants Christopher Michael Weise and Giovanni…