State v. Oropeza

This case involves trafficking in heroin. Appellants were arrested, tried and convicted of the crime of possession of heroin and although the majority remands the cause for further proceedings, it has effectively prevented further proceedings by requiring suppression of the heroin.

I would hold that exigent circumstances validated the search pursuant to an arrest. Federal, state and local law enforcement officers had conducted surveillance of the premises in question here; had made a purchase of a substance known to have been acquired from the premises in question here; analysis had indicated…