People v. Lee

Good Law
186 Cal. App. 3d 743·1986 Cal. App. LEXIS 2148·231 Cal. Rptr. 45
Court of Appeal of CaliforniaOctober 22, 1986No. D002600California3,161 words

Opinion

Lead Opinion

Work, J.

Stephen Terrill Lee appeals from a judgment convicting him of possessing cocaine (Health & Saf. Code, § 11350), 1 claiming his warrantless arrest and the seizure of cocaine from his private law office was *745 nonconsensual and under nonexigent circumstances, and violated his constitutional right to be free from unreasonable seizures. His motion to suppress the cocaine discovered as a direct result of the arrest was denied on the sole stated ground the lower court believed Lee was not entitled to protection from warrantless arrest in his private law office, accessible only after contacting a receptionist in an outer room. Because of its threshold holding, the court never considered whether the facts showed the entry for the arrest was consensual or justified by exigent circumstances. We hold the facts of this case bring into play the constitutional protection expressed in People v. Ramey (1976) 16 Cal.3d 263 [ 127 Cal.Rptr. 629 , 545 P.2d 1333 ], and reverse the judgment.

Facts

On April 20, 1982, a police informant purchased cocaine with marked bills from Lee at Lee’s law office. The informant had told police Lee would deal only from his office, instead of his…

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