People v. Alaniz

Opinion

YEGAN, J.

*

Daniel Alaniz was convicted by plea of possessing heroin. (Health & Saf. Code, § 11350.) Prior thereto, he unsuccessfully brought a motion pursuant to Penal Code section 1538.5. He appeals contending: “I. There was no compliance with Penal Code section 1531, and non-compliance was not excusable. II. The seizure of the balloon was incident to an illegal arrest.”

We view the evidence in the light most favorable to the order denying suppression as is required by the familiar rule governing appellate review (e.g.,

People

v.

Leyba

(1981) 29 Cal.3d 591, 596-597 [174 Cal.Rptr. 867, 629 P.2d 961]) but recognize that, where, as here, the facts are undisputed, “. . . the ultimate responsibility of this court [is] to measure the facts as found by the trier against constitutional standards. [Citation.]”

(People

v.

Aldridge

(1984) 35 Cal.3d 473,

477

[198 Cal.Rptr. 538, 674 P.2d 240].) Prior to the police procedures here challenged, appellant had demonstrated that he was a thorn in the side of “law enforcement” and the justice system as well. Apparently not content with Fourth Amendment principles, appellant and his cohorts conspired to create their own “do-it-yourself” exclusionary rule. On three separate occasions, appellant unequivocally demonstrated that he had no intention of ever complying with lawful orders given by the police and in fact was committed to the destruction of evidence.

[906]

On a fourth occasion, a cohort in appellant’s residence displayed similar tendencies.

1

On March 23, 1982, Detective John Ellis of the Ventura County Sheriff’s office was attempting to arrest appellant when he dropped heroin to the ground, allowing another suspect to destroy it.