Sealey

MEMORANDUM DECISION RE DEFENDANT’S MOTION TO SUPPRESS EVIDENCE.

On June 19, 1985, Deputy Gary Healy of the Fresno County Sheriff’s Office was on patrol in the Sanger area. At approximately 11:30 a.m. of that day, Healy received a dispatch informing him that a female was being beaten and that there was also a weapon in the house at 2127 Greenwood Avenue, Sanger, California, the site of the alleged battery. Healy proceeded directly to this address and was met at the door by the defendant Sealey and his wife, Julie. Julie appeared distraught and upset. She did not appear to be under the influence of alcohol. Healy accompanied Julie Sealey, the complaining witness, into the kitchen, and the defendant was taken by another officer into the living room and placed on a couch.

While in the kitchen with Healy, Julie stated that she had been beaten by her husband and kicked by him. She wanted him out of the house and requested that he be arrested. Healy advised her that the Sheriffs Office could not arrest him because they had not witnessed the incident, and proceeded to instruct her that she would have to perform a citizen’s arrest for him to be taken into custody, and as to how the…