P. v. Sanchez CA4/1
After the trial court denied his motion to suppress evidence, Ernesto Sanchez pleaded guilty to possessing more than 20 kilograms of cocaine for sale. (Health & Saf. Code, §§ 11351, 11370.4, subd. (a)(4).) The court sentenced Sanchez to two years in jail and 15 years of supervised release under various terms and conditions.
On appeal, Sanchez contends that (1) police conducted an unlawful warrantless protective sweep of his residence; (2) his on-scene admission that 10 kilos of cocaine were in his residence is fruit of that illegal search and should be suppressed; (3) absent that admission, there is no probable cause to support the subsequently issued search warrant; and (4) the court erred in placing the burden on him to show that his admission was the result of an unlawful search.
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