Romeo
People v. Romeo
Opinion
Opinion
Streeter, J.
“ ‘[P]rivate residences are places in which the individual normally expects privacy free of governmental intrusion not authorized by a warrant, and that expectation is plainly one that society is prepared to recognize as justifiable.’ [Citations.] Likewise, a garage that is attached or adjacent to a home may give rise to a legitimate expectation of privacy therein. [Citations.] Under the Fourth Amendment, a warrantless search of such an area is unreasonable per se unless it falls within a recognized exception to the warrant requirement, for example, where consent to the search has been given.” (People v. Robles (2000) 23 Cal.4th 789, 795 [ 97 Cal.Rptr.2d 914 , 3 P.3d 311 ] (Robles).)
In this case, appellant Joe Vincent Romeo (Appellant) was living in a garage attached to the home of two probationers. Police conducted a warrant-less search of the home, detaining Appellant in handcuffs during the search, and found methamphetamine in the garage. While detained, Appellant admitted the drugs were his. He later pled guilty to possession (Health & Saf. Code, § 11377, subd. (a)) and now appeals from the denial of his motion to suppress. The appeal presents the question whether…