People v. Fix CA3

DISCUSSION

The constitutional protection against violation of the right of the people to be secure in their persons and houses against unreasonable seizures applies to arrests within the home. (U.S. Const., 4th Amend.; Cal. Const., art. I, § 13; People v. Ramey (1976) 16 Cal.3d 263, 275-276.) “[T]he lack of an arrest warrant does not invalidate defendant’s

Undesignated statutory references are to the Penal Code.

2 arrest . . . . It would require suppression solely of evidence obtained from searching the home at the time of the arrest.” (People v. Marquez (1992) 1 Cal.4th 553, 569.) A defendant may test the unreasonableness of a search or seizure through the procedures provided in section 1538.5. A defendant’s suppression motion must be made in writing and must specifically list the items of property or evidence sought to be suppressed. (§ 1538.5, subd. (a)(2).) In defendant’s written motion, he specifically sought the suppression of “statements made by him, observations made by the officer after the illegal detention.” At the hearing on the motion, defendant requested suppression of “anything that happens” after the arrest. On appeal, defendant contends evidence of his…