People v. Superior Court

Good Law
139 Cal. Rptr. 3d 298·2012 Cal. App. LEXIS 369·204 Cal. App. 4th 1004·2012 WL 1035330
Court of Appeal of CaliforniaMarch 29, 2012No. B233816California8,139 words

Opinion

Lead Opinion

Flier, J.

*1007 Opinion

INTRODUCTION

In this murder case, the People challenge an order granting defendant’s motion to suppress forensic evidence seized from his home pursuant to a warrantless search conducted after he was arrested and the victim was declared dead. Concluding there was no exigency or consent justifying the warrantless reentry of officers after the arrest and declaration of death, the trial court suppressed such evidence, and the observations of those who gathered it. We conclude the trial court erred and grant, in part, the People’s petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

1. Summary of Events Prior to Chapman Being Charged

At 5:05 p.m. on March 2, 2007, police officers arrived at the residence of Carl Edward Chapman in response to a call that shots had been fired in his house. A crowd of neighbors had gathered outside of the house. They were yelling that there was somebody shooting inside the house. The police gang unit arrived almost simultaneously and began getting ready to go inside the house.

Chapman was ordered out of the house, and he came out with his girlfriend, Raquel Perry. Chapman was placed in handcuffs almost immediately, and a…

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