People v. McClelland CA2/6

FACTS

McClelland and an unidentified male were riding bicycles up and down Hooper Avenue near 55th Street in Los Angeles one evening. This area was claimed by the Blood Stone Villains (BSV) gang as its territory. McClelland was a member of the rival Pueblo Bishop Bloods (Pueblos) gang. McClelland and his companion encountered Michael Smith and BSV member Kenneth Corbin walking along Hooper. Either McClelland or his companion called out “Sawoop,” indicating that he was a member of a gang affiliated with the Bloods. Smith and Corbin turned around and gave them a “head nod.” McClelland started shooting at them, firing about six shots in total. Although neither Corbin nor Smith was struck, one bullet entered a nearby backyard, striking and killing both 22-month-old Joshua Montes and his great uncle who was carrying him.

DISCUSSION

Suppression of Gang Affiliation Evidence McClelland contends that the trial court violated his Fourth and Fifth Amendment rights by not suppressing statements he made to the police regarding his gang affiliation. The Fourth Amendment protects “against unreasonable searches and seizures” by the police. (U.S. Const., 4th Amend.) Evidence obtained in…