People v. Terry CA5

FACTS

On February 22, 2013, in the early morning hours, Joel Kim heard a woman screaming from a house down the street. At approximately 1:21 a.m., Lemoore Police Officer Ryan O’Barr responded to the residence, which had its exterior and interior lights on and the front door open. As he parked across the street, Officer O’Barr heard a woman yelling. The officer was walking to the residence when a man, later identified as Terry, came to the front door and made eye contact with him. Terry immediately turned around, shut the door, and turned off the outside lights. O’Barr then saw silhouettes moving in the residence. Terry’s wife, Jennette,1 then came out of the house unclothed and crying hysterically. O’Barr contacted Jennette and she told him that Terry had gone into the kitchen. O’Barr ordered Terry to go outside where he pat searched him for weapons and had him sit down. Officer O’Barr had Jennette go inside the house to get dressed. When she returned he started a tape recorder and began asking her questions to try to ascertain whether or not there was an ongoing emergency and whether she needed any medical attention. In the portion of the recording admitted into evidence, O’Barr…