Opinion
Page 1557d
143 Cal.App.4th 1557d __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALBERT ORMONDE, Defendant and Appellant. H028471 California Court of Appeal, Sixth District October 23, 2006Santa Clara County Super. Ct. No. CC312362
THE COURT.It is ordered that the opinion filed herein on August 25, 2006, and on September 25, 2006 (143 Cal.App.4th 282; __ Cal.Rptr.3d __ ), be modified as follows:
The first full paragraph on page 15 [143 Cal.App.4th 295, advance report, 3d full par.] should end with the sentence: "Without either probable cause or a reasonable suspicion to believe that there were potentially dangerous persons inside defendant's apartment, the entry into defendant's apartment violated the Fourth Amendment."
The next sentence [143 Cal.App.4th 295, advance report, 3d par. last full sentence] should be deleted, and a new paragraph should follow, which states:
"The Attorney General further argues that even if the initial entry was illegal, the evidence should not be suppressed, because the consents to search given by defendant and Myers were independent intervening acts which attenuated the taint of the illegal entry. (People v. Gonzalez (1998) 64 Cal.App.4th 432, 444 [75 Cal.Rptr.2d 272].) Given the totality of the circumstances here, we reject this argument, as did the trial court. In our view, the illegal entry inexorably led to the search and seizure of the contraband challenged here, and defendant's motion to suppress should have been granted."
This modification does not affect the judgment.
The petition for rehearing is denied.
McAdams, J., Elia, Acting P. J., Mihara, J.