Escobar

INTRODUCTION

In this drug prosecution, defendant moves to suppress the fruits of a warrantless search of his hotel room. For the reasons stated below, defendant's motion is GRANTED , and the evidence flowing from the unlawful search must be suppressed.

FINDINGS OF FACT

On July 30, 2017, DEA Task Force Officer and San Bruno Police Department Detective James Haggarty arrived at a Super 8 Motel in San Bruno following a tip that defendant David Escobar was at the hotel selling narcotics. SBPD Corporal Jose Valiente and DEA Special Agents Brandon Cahill and Matthew Monschein joined to assist. The officers went to Escobar's hotel room around 9:30 p.m. Each wore clothing identifying himself as a police officer without firearms or handcuffs drawn. No police canines assisted until later that evening (Tr. 10:17-13:17; 54:19-56:8; 88:4-89:2; 112:18-115:25).

Detective Haggarty knocked on the door to Escobar's room. Escobar opened the door, stepping partially out into the hallway and letting the spring-loaded door close against him. Detective Haggarty introduced himself, then asked Escobar if they could speak to him about crime in the area. Escobar was wearing underpants when he came out…