Magee

People v. Magee

Good Law
123 Cal. Rptr. 3d 689·194 Cal. App. 4th 178·2011 Cal. App. LEXIS 425
Court of Appeal of CaliforniaApril 12, 2011No. A124598California5,331 words

Opinion

Lead Opinion

Simons, J.

When defendant Deemario Bomone Magee noticed that police officers were approaching him, he avoided them by entering the home of a Mend. Though the officers lacked a warrant, they followed defendant into the house and found him inside the bathroom trying to dispose of individually wrapped pieces of suspected cocaine base. The Mai court suppressed the evidence discovered inside the house, but we reverse; defendant had no reasonable expectation of privacy in the home or the bathroom at the time of the officers’ warrantless entry.

FACTUAL BACKGROUND

On September 13, 2008, at 7:48 p.m., Corporal Potts and three other officers of the Vallejo Police Department were patrolling near Mark Avenue *181 and Sawyer Street, a high-crime area known for narcotics trafficking. The officers were in an unmarked van and wore black police shirts and vests. Potts saw defendant walk from in front of a house on Mark Avenue (the Mark Avenue house) toward a car that appeared to slow as it drove down the street. Potts recognized defendant; the “word on the street” was that defendant was involved in selling illegal narcotics, and Potts knew that defendant had been arrested in 2004 for selling…

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