Where “first wave” responders to shooting scene conducted a protective sweep to search for victims and suspects, and to give aid to any victim, and saw evidence in plain view but did not seize it–because it would have hampered their primary duty and could have made what appeared to be a dangerous situation even more dangerous–exigent circumstances justified warrantless entry by second wave responders a few minutes later. It was error for trial court to suppress evidence found in plain view and seized after second entry.      People v. Superior Court


Defendant’s Arizona conviction for driving while impaired was not categorically equivalent to a California DUI conviction where the level of impairment required for conviction under the Arizona law was less than that required in California. Trial court erred in relying on handwritten notations on Arizona judgment form to find that defendant’s conduct in the Arizona case would have supported conviction in California and thus constituted a prior conviction for enhancement purposes.
People v. Self – filed April 4, 2012, Fourth District, Div. One