People v. Celis

119 Cal. Rptr. 2d 839, 98 Cal. App. 4th 621
CourtCalifornia Court of Appeal
DecidedAugust 28, 2002
DocketD037578
StatusPublished

This text of 119 Cal. Rptr. 2d 839 (People v. Celis) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Celis, 119 Cal. Rptr. 2d 839, 98 Cal. App. 4th 621 (Cal. Ct. App. 2002).

Opinion

119 Cal.Rptr.2d 839 (2002)
98 Cal.App.4th 621

The PEOPLE, Plaintiff and Respondent,
v.
Renato Salvador CELIS, Defendant and Appellant.

No. D037578.

Court of Appeal, Fourth District, Division One.

May 20, 2002.
Rehearing Denied June 6, 2002.
Review Granted August 28, 2002.

*841 Nicholas De Pento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda L. Cartwright-Ladendorf and Sabrina Y. Lane-Erwin, Deputy Attorneys General, for Plaintiff and Respondent.

HUFFMAN, J.

Renato Salvador Celis pleaded guilty to conspiracy (Pen.Code, § 182, subd. (a)(1)) and possession of cocaine for sale (Health & Saf.Code, § 11351) with the amount of cocaine exceeding 20 kilograms (Health & Saf.Code, § 11370.4, subd. (a)(4)). Before pleading guilty, Celis moved to suppress evidence under Penal Code section 1538.5. The court denied the motion to suppress items of physical evidence, but did suppress statements Celis made before he received Miranda warnings.[1] The court sentenced him to prison for 12 years. Celis appeals, contending the court erred in denying his motion to suppress evidence found inside his home and tire because it was the product of an invalid detention and arrest, an unlawful protective sweep of his *842 residence, seizure of items that were not in plain view, and an involuntary consent to search. We affirm the judgment.

FACTS

From December 1999 to January 2000, Orange County police officers began investigating a new smuggling technique in which drugs and money were placed inside large tires for transport between the Mexican border and central and Northern California. In December 1999, officers surveilled a residence in Lynwood, California. They executed a search warrant for the residence on January 7, 2000, and found $400,000 along with a tire cut open. Within the same month, officers received information connecting the Lynwood address to a residence in Bellflower. They surveilled the Bellflower address, discovered that it had been abandoned, and after obtaining the property owner's consent, searched the residence. They found a tire cut open similar to the one found at the Lynwood residence along with packaging materials.

In April 2000, police officers came to San Diego to surveil a residence located on Conception Street after receiving intelligence information that this residence may be linked to the smuggling operation from the previous Lynwood and Bellflower addresses. Officers surveilled the Conception Street residence for two days and did not observe anything indicating criminal activity. However, they traced the license plate of a parked car in the driveway to a new residence at 2641 A Street in San Diego. Officers received information from Investigator Crum that this new address on A Street was linked to their prior investigations of both the Lynwood and Bellflower residences.

Eight officers proceeded to surveil the residence at 2641 A Street. On April 26, 2000, officers saw Celis leave his house, drive to a tire store, obtain an air pressure tank from the store, and put it in his car. Next, officers watched Celis drive to the Mexican border, park his car and walk across the border with the air pressure tank still in his car. Officers ended their surveillance for that day.

On April 27, 2000, officers continued their surveillance and saw Celis take the air pressure tank from his house to his car and drive to the same tire store with another man later identified as Luis Ordaz. Celis took the air tank out of his car and brought it inside the store. While at the store, someone put a deflated tire into Celis's car. Then, Celis came out of the store with the air pressure tank and put it in his car. Celis drove back to his house on A Street and brought the deflated tire and air tank into the house. A few hours later, Celis and Ordaz went back to the tire store and brought the air tank with them. They brought the air tank inside the store and then left with the tank again and placed it back into Celis's car. Ordaz brought the tank inside Celis's house.

Forty minutes later, officers saw Celis rolling a pressurized tire out the back door of his house. Officer Strain noticed that the tire looked too large for his car. At that point, Strain detained Celis at his back door because he believed that either narcotics or money were inside the tire. Strain displayed his gun as he approached Celis because he noticed Ordaz driving a truck toward him in the alley. Strain also pointed his gun at Ordaz to get him to stop his truck. During this time, the officers did not see anybody else enter or leave Celis's house. The officers knew Celis's wife and possibly a juvenile also lived with Celis, but they did not know if anybody else was in the house.

Strain told Celis to stop after he identified himself as a police officer. Strain testified he feared Celis could be armed *843 due to the fact that he suspected drugs or money to be in the tire. Officer Betzler handcuffed Celis for officer safety purposes. Celis sat down against the wall next to his house. The officers noticed an open window near the back door and without a warrant, Officers Strain, Davis, and Betzler entered Celis's house to do a protective sweep to make sure there were not any armed people lying in wait inside.

The officers entered through an unlocked back door. Upon entering, the officers identified themselves. The house was less than 500 square feet. They entered through the kitchen first. While in the kitchen, Officer Strain noticed a large box that could hold a person. The box was partially covered by a lid with a basket on top.[2] Officers Strain and Davis at different times looked down and saw bricks of cocaine inside the box. Next, they entered the bedroom and living room area. They found nobody inside. The officers completed the protective sweep in one and a half minutes.

The officers went back outside and Strain asked Celis for consent to search his home. Celis, through a police interpreter, offered to show them where the drugs were inside the house. Celis showed officers the bricks of cocaine inside the box and money located in the house. At this point, Strain asked Celis to sign a consent to search form. Celis was hesitant at first because he was concerned for his wife. Officer Strain explained to Celis that he was not trying to coerce consent and that if Celis refused, Strain could seek a search warrant instead. Celis replied that he understood and signed the consent form. The officers seized 16 kilograms of cocaine from the house. Officer Haid shook the tire and could tell something loose was inside. The officers seized 25 kilograms of cocaine from the tire.

Meanwhile, Officers Haid and Raney detained Ordaz at his truck parked in the alley. The officers arrested both Celis and Ordaz on April 27, 2000.

DISCUSSION

STANDARD OF REVIEW

In reviewing a motion to suppress, we view the trial court's findings of fact under the deferential substantial evidence standard. Next, we apply our independent judgment to the trial court's selection of law. Finally, we review the trial court's application of law to the particular facts of the case to determine if the rule of law has been violated under the standard of independent review. (People v. Alvarez (1996) 14 Cal.4th 155, 182, 58 Cal.Rptr.2d 385, 926 P.2d 365.)

I

THE DETENTION

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Bluebook (online)
119 Cal. Rptr. 2d 839, 98 Cal. App. 4th 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-celis-calctapp-2002.