California Court of Appeal

Denial of defendant's motion to suppress is reversed, the judgment vacated with respect to count I and the firearm enhancement of count I, and the judgment modified such that the sentence on count 5 shall be stayed, where: 1) police officers contacted and detained defendant his residence on suspicion that "maybe possibly" a burglary was in progress; 2) the police had no probable cause with respect to the defendant, so suspected exigent circumstances do not justify the officers' actions; and 3) the detention was unlawful, and the fruits of that unlawful detention should have been subject to a motion to suppress.

Appellate Information

• Decided 08/26/2014
• Published 08/26/2014

Judges

• Hollenhorst

Court

• California Court of Appeal

Counsel