Longenbach

MEMORANDUM ***

Anthony Milton Longenbach appeals the denial with prejudice of his habeas petition, claiming that because he was denied a hearing on the merits of his suppression motion, he was denied a full and fair opportunity to litigate his Fourth Amendment claim.

In a 1997 case, Longenbach was placed on probation. He signed a sentencing order giving his consent to: “Submit your person and property to search or seizure *450 at any time of day or night by any law enforcement officer, probation officer or parole officer, with or without warrant or probable cause.” While on probation, he was stopped for driving with an expired registration and a search of his car revealed methamphetamine and drug paraphernalia. He was charged under California Health and Safety Code section 11378 with possession for sale of a controlled substance (methamphetamine), section 11379 transportation of methamphetamine, and section 11350 possession of a controlled substance (marinol).

His defense counsel filed a suppression motion under California Penal Code section 1538.5. While the motion was pending, Longenbach several times failed to appear or ask for a continuance of the hearing. After Longenbach…