People v. Yang CA1/5

I. FACTS AND PROCEDURAL HISTORY1

At about 9:30 p.m. on November 23, 2012, Eureka Police Department officers were dispatched to a single-family, two-story house on Progress Street after a shooting at that location was reported. For safety reasons, they ordered everyone in the house to

1 The facts are taken from the hearing on the motion to suppress.

1 come outside. About six to eight people complied, all of whom appeared to be members of the same family. Defendant was one of the people in the group and lived in the house. One of the men who came out of the house was handcuffed and taken into custody after being identified as the shooter. The people outside the house told police the shooting victim was the only person still inside. Officers entered the house and found the victim in the kitchen, bleeding from a gunshot wound to his leg. They performed a protective sweep to see whether any other suspects or victims were inside. The purpose of the sweep was to “clear” the residence and make sure it was safe for medical personnel and others to enter without fear of being attacked. Officer Stelzig covered the bottom floor during the sweep, while Officer Cooper went upstairs, checking…