Glaser

People v. Glaser

Good Law
11 Cal. 4th 354·1995 Cal. LEXIS 5961·45 Cal. Rptr. 2d 425·95 Daily Journal DAR 13816·902 P.2d 729
Supreme Court of CaliforniaOctober 12, 1995S042656California7,537 words

Opinion

Opinion

Werdegar, J.

May police officers searching a private home pursuant to a search warrant briefly detain a person who enters onto the premises at the same time as officers are beginning the search? Under the circumstances of this case, we conclude the officers’ initial detention of defendant was justified by the need to determine defendant’s identity and connection to the premises and to protect the officers’ own safety.

Following the superior court’s denial of his motion to suppress evidence (Pen. Code, § 1538.5), defendant Ronny Glaser pled no contest to a charge of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and was sentenced to state prison. The Court of Appeal reversed, holding defendant’s suppression motion should have been granted. We reverse the judgment of the Court of Appeal and remand the cause to that court for further proceedings.

Facts and Procedural Background

The facts are taken from the evidence presented at the hearing on defendant’s motion to suppress. Michael Murray, an investigator for the Glenn County District Attorney assigned to the Glenn County Narcotics Task Force, testified he and five other officers from various agenciés executed…

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