State v. Valdez

OPINION

WOOD, Chief Judge.

Defendant’s appeal from his conviction for possession of heroin raises a search and seizure question. We discuss: (1) lawfulness of officers’ presence; (2) lawfulness of defendant’s detention; and (3) probable cause to search.

Officers had a search warrant to search Baca, the premises, curtilage and a car described in the affidavit, and “all persons aged 17-50 on or arriving at the premises . at time of execution of the search warrant.” Baca, defendant, and two females were on the premises, getting ready to leave the premises in a car, when officers arrived to execute…