People v. Heinrichs CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

Because defendant’s initial motion to suppress evidence was brought at the preliminary hearing, we summarize the facts adduced during that hearing. (See People v. Moore (2006) 39 Cal.4th 168, 171; § 1538.5, subd. (i).) A. The report of a fight leading to the detention and arrest of Heinrichs On May 12, 2013, Santa Cruz County Sheriff’s Deputy Anthony Gonzales2 was on patrol in Watsonville. At approximately 12:22 a.m., he was dispatched to 110 Silliman Road, a rural two-lane road which connects Highway 129 with another public road. A caller had reported that a fight involving “G types,” or gang members, was about to break out at the residence, with several individuals outside challenging other partygoers to a fight. The caller said one of the people involved may have a gun. At some point, dispatch advised Deputy Gonzales that some of the involved parties were African- American males. Deputy Gonzales turned off Highway 129 on to Silliman Road. He thought it was perhaps a half-mile from the turnoff to the reported address, with only one other residence in between. As he turned on to Silliman Road, he shut off his lights and sirens because…