People v. Mendoza

Opinion

ALARCON, J.

Appellant has appealed the judgment entered upon his plea of guilty to burglary. He seeks review of the order of the trial court denying his motion to suppress made pursuant to Penal Code section 1538.5.

[1010]

Factual Background

On January 19, 1977, at about noon, Los Angeles County Deputy Sheriff Patrick L. Walsh received information from his partner, Deputy Fred Wisinger, that an anonymous person had telephoned a Huntington Park police officer and advised him that the informant’s brother was buying heroin at 2421 East Broadway in Huntington Park. The caller also stated he did not like his brother using heroin and would like something done about it. Deputy Walsh and Deputy Wisinger went to 2421 East Broadway to investigate the report. They did not have an arrest or search warrant. The officers were not in uniform and were in an unmarked vehicle. The residence at that address was a single-story structure with a detached garage. A driveway which appeared to be a “normal access route” was located on the east side of the property. It was from the rear of the house to the street. A fence runs from the comer of the house to the garage. There is a gate in the fence. At the rear of the house is an enclosed porch as well as an open porch area. Deputy Wisinger went to the front door of the residence. Deputy Walsh proceeded down the driveway to the rear of the premises. He stopped a short distance from the fence near the garage door. Deputy Walsh stationed himself at that location to contain any persons who might run out the back door or throw anything outside as the result of Deputy Wisinger’s knock on the front door and to provide assistance in case there was a violent response.

About 15 seconds after Deputy Wisinger knocked on the front door a 12-year-old Mexican youth “nonchalantly” walked out the open back door to the porch.

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As the youth started to walk out the open porch door he looked in the direction of Deputy Walsh. Deputy Walsh displayed his badge and identification card and stated he was a deputy sheriff. The youth’s eyes opened wide. Deputy Walsh interpreted this change of expression as reflecting pandemonium, panic, anxiety or fright. The youth, while still on the porch, turned immediately and ran back into the house. Believing that the youth might destroy evidence, arm himself, or advise another to do so, Deputy Walsh ran into the house to detain him for investigation. Deputy Walsh testified that he believed that the youth might arm himself or advise others to do so because as a result of his experience as a narcotics officer, he was aware that a large number of narcotics dealers keep weapons on hand because they are “afraid of being ripped off by other people, or for their own protection when they have large sums of money on them.”