P. v. Ortega
Defendant Michael Ortega was charged by felony complaint with one count each of possession of heroin for sale (Health & Saf. Code, 11351),[1] possession of cocaine base for sale ( 11351.5), possession of cocaine (powder) for sale ( 11351) and possession of methamphetamine for sale ( 11378).[2] He pleaded not guilty to the charges.
Ortega filed a motion to suppress evidence (Pen. Code, 1538.5), which was heard and denied. According to the hearing evidence, undercover narcotics officers of the Glendale Police Department watched Ortega and codefendants repeatedly enter and leave an apartment, before engaging in illegal drug sales to drivers stopping in an alley behind the apartment. The officers testified that they feared Ortega and codefendants might have been alerted to their presence, and forcibly entered the apartment to prevent the destruction of evidence. Inside the apartment, officers saw an assortment of illegal drugs on a table. They detained Ortega inside the apartment and subsequently arrested him.
The trial court denied the suppression motion, finding no exigent circumstances, but also finding that Ortega failed to establish he had a reasonable expectation of privacy in the apartment. Following the denial of the motion, Ortega entered a negotiated plea of no contest to possession of cocaine base for sale. Imposition of sentence was suspended and Ortega was placed on three years formal probation. The remaining charges were dismissed on the Peoples motion, pursuant to the plea agreement.
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