People v. Superior Court

Opinion

BARRY-DEAL, J. This petition by the People challenges a trial court ruling that the prospective testimony of Douglas Welsch is tainted by the illegal arrest of Venita Ryan and search of her purse. The trial court suppressed the prospective testimony, and the People seek a writ pursuant to Penal Code section 1538.5, subdivision (o), to reverse that ruling. We issue writ of mandate.

On August 27, 1979, while investigating a suspected fencing operation, Officer Daniel McTeague observed Peter Welsch getting into a car with Venita Ryan and three children. McTeague had been advised that there was an outstanding arrest warrant for Peter Welsch, and he stopped the car to arrest Peter Welsch on the warrant. During the stop he ordered Venita Ryan out of the car and arrested her for being under the influence of narcotics. The trial court ruled that arrest unlawful, a ruling petitioner does not challenge.

While under arrest both Peter Welsch and Venita Ryan consented to a search of the vehicle, stating that the officer would find nothing. The trial court ruled that the consents were properly obtained. In searching [431]under the driver’s side of the front seat, Officer McTeague found two masks and two pairs of gloves. After being admonished of his rights, Peter Welsch told Officer McTeague that anything he found in the car belonged to his brother Doug.

Officer McTeague knew Doug Welsch was wanted on a parole violation warrant, but before the arrest did not know where Doug was located. At the police station, Venita Ryan’s purse was searched. A key to a room in the Los Gatos Lodge was found, and Venita told the officer that it was the key to the room where Doug Welsch was staying. The officer also received some information about Doug Welsch’s whereabouts when he spoke to the children. They indicated that Doug was their daddy and that he was back at the motel room, but apparently they did not mention the name of the motel or the room number.

Based upon this information, the police went with Doug’s parole officer to the Los Gatos Lodge and arrested Doug Welsch for parole violation. After a parole search he was transported to the police station. When confronted with the masks and gloves, Doug gave information about various criminal activities of the defendant, Stefan Constantine Negoescu. The trial court suppressed his proposed testimony concerning robberies and burglaries charged in the pending information.