People v. Superior Court (Henry)

Opinion

FLEMING, Acting P. J.

The People seek to reverse an order of the superior court suppressing evidence in the murder prosecution of Opal Henry, real party in interest. The suppressed evidence, found during a warrantless search of Henry’s residence after the discovery of a dead body in her living room, includes a revolver (the death weapon) from a bedroom dresser drawer, ammunition for the revolver from the same drawer, and ammunition from other rooms of the residence.

About 10:30 in the evening of 17 February 1974 officers responding to an emergency call discovered the body of Augusta Spratt, Jr., in the living room of Henry’s residence in Ventura. From bystanders the officers learned that neighbors summoned by Henry discovered the wounded Spratt in the street and carried him into Henry’s residence, where he died. Inside, the officers found Henry sitting on the living room couch visibly upset. She complained she was cold and her arm had been bruised. In answering the telephone she told the caller, “God save me, God save me, I need money, he’s dead.” She then asked if she could go into the bedroom, “It is just something I need to get.”

After the officers secured the premises, Officer Cotner asked Henry what happened. She replied that Spratt forced his way into her house and said he was going to have sex with her; when she refused, Spratt grabbed her arm, and they tussled. Cotner asked if he could look through the house. Henry said she would go with him and show him. She then said she shot at Spratt but missed him and hit the wall. What with? asked Cotner. A gun, she replied. Where’s the gun? In a dresser drawer in the bedroom, she said, and she offered to show Cotner where it was. Another officer then escorted Henry out of the residence on her way to the police station, and Cotner entered the dimly lit bedroom, shone his flashlight into the partially open dresser drawer, and saw a revolver and ammunition.

[639]

Later that night, police investigators seized the entire bedroom dresser drawer and its contents. In a search of the residence, investigators seized additional ammunition in a hallway closet and a kitchen drawer, two purses containing ammunition in the living room, and other items of possible evidentiary value from the bedroom, kitchen, and living room.

The superior court suppressed all evidence except that found in the living room, concluding (1) that Henry consented to a search for the gun on the condition that she lead the search, and (2) that exigent circumstances did not justify a search of the residence without a warrant. Since these conclusions do not pass upon the credibility of witnesses or the weight of conflicting evidence, but rather involve the legal effect of undisputed facts, we are not bound by the conclusions of the trial court but are required to exercise our independent judgment on these matters. (Cf.