California Court of Appeal

On remand from the Supreme Court in light of US v. Jones, defendant's convictions for assault on a peace officer with an assault weapon, possession of heroin for sale, being a felon in possession of a firearm and ammunition, and participation in a criminal street gang, are affirmed, as the Jones decision does not alter the result in this case because, even assuming testing the key in the front door lock to the residence was a warrantless search, it was lawful under an exception to the warrant requirement for minimally intrusive searches. Thus, the trial court did not err in denying defendant's motion to suppress. However, the trial court erred in staying the section 186.22(b)(1)(C) gang enhancement.

Appellate Information

• Decided 08/07/2012
• Published 08/07/2012

Judges

• Simons

Court

• California Court of Appeal

Counsel