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PEOPLE v. WOODS

No. S068741.

88 Cal.Rptr.2d 88 (1999)

981 P.2d 1019

21 Cal.4th 668

The PEOPLE, Plaintiff and Appellant, v. Cheryl Jeanene WOODS et al., Defendants and Respondents.

Supreme Court of California.

August 26, 1999.

Attorney(s) appearing for the Case

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Peggy S. Ruffra, Laurence K. Sullivan and John H. Deist, Deputy Attorneys General, for Plaintiff and Appellant.

Carlton E. Lacy, under appointment by the Supreme Court, Walnut Creek, for Defendant and Respondent Cheryl Jeanene Woods.

L. Richard Braucher, San Francisco, under appointment by the Supreme Court, and David J. Briggs, Richmond, under appointment by the Court of Appeal, for Defendant and Respondent William B. Benson.

Jose R. Villarreal, Ronald A. Norman and Stephen B. Elrick, San Jose, for California Public Defenders Association and Alternate Defender Office, Santa Clara County as Amicus Curiae on behalf of Defendants and Respondents.

BAXTER, J.

Gayla Loza agreed, as a condition of felony probation, to submit her residence to warrantless searches. During a warrantless search of Loza's residence, police officers uncovered evidence of criminal activity (drugs and firearms) against Cheryl Jeanene Woods and William B. Benson, who shared the residence with Loza. Woods and Benson successfully moved to suppress the evidence on the ground it had been obtained as the result of a pretextual probation search...

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