Robles

Prior to trial, defendant moved to suppress evidence obtained in the garage of his residence as a result of a warrantless search and seizure by police. The trial court denied the motion because defendant's brother, with whom defendant lived, had agreed to submit his person and property to warrantless police searches and seizures as a condition of probation. It is undisputed that the officers involved were unaware of the brother's probation condition when they obtained the challenged evidence. We conclude that defendant's Fourth Amendment rights were violated and that his suppression motion should have been granted.

Rolando Sanchez's car was stolen on or about October 13, 1995. Ten days later, Sanchez saw defendant drive it into a store parking lot. Defendant put gasoline in the car and drove it away.

Sanchez called his sister and asked her to notify the police. Meanwhile, he drove around the area and saw his car parked in an alley. He also saw defendant with two other people. When Sanchez subsequently returned with the police to the scene, defendant was present but the car was no longer in view. Sanchez identified defendant to police as the man who had driven his…