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Name: People v. Manderscheid
Case #: B153757
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 06/14/2002
Subsequent History: None
Summary

Police officers received an informant’s tip that a parolee they were looking for named DiDonna was staying at appellant’s house. Within an hour they went to appellant’s house, where they went to a back door by way of a gate accessible from the driveway. The officers ordered people out of the residence. While searching for DiDonna, officers spotted narcotics in plain view in the living room. Di Donna was found hiding in the bathroom. After DiDonna was located, appellant was asked if he would sign a consent form to search his house, which he did. Appellant was not handcuffed, and no guns were drawn. Officers found methamphetamine and other contraband. Here, the appellate court affirmed the denial of the suppression motion. There was probable cause to believe DiDonna was in the house, and officers saw contraband in plain view while looking for him. The exigent circumstances involved in apprehending an absconding parolee far outweighed the minimal trespass into the backyard. Under the totality of circumstances, the seizure of drugs pursuant to consent was reasonable.