People v. Larsson CA2/3

DISCUSSION

1. The Trial Court Properly Denied Appellant’s Suppression Motion. In February 2012, appellant filed a Penal Code section 1538.5 suppression motion. Appellant argued Tillery conducted an unlawful warrantless search when Rocco Iacovelli took photographs of the assault rifle in appellant’s bedroom after Tillery asked Iacovelli to take them and send them to Tillery. Appellant sought suppression of the fruits of the alleged unlawful search, including the fruits of the search warrant. We discuss below pertinent facts concerning Iacovelli’s entry into appellant’s bedroom and Iacovelli’s taking of the photographs. a. Pertinent Facts. (1) Tillery’s Preliminary Hearing Testimony. Viewed in accordance with the usual rules on appeal (People v. Leyba (1981) 29 Cal.3d 591, 596-597 (Leyba),1 the evidence at appellant’s January 2012 preliminary

1 The evidence at appellant’s Penal Code section 1538.5 suppression hearing discussed post consisted of testimony presented at that hearing plus the preliminary hearing testimony.

2 hearing established as follows. Tillery was assigned to the gun unit of the gang and narcotics division. Tillery was an assault weapons expert. On or before…