This section contains the nature of the case and procedural background.

Abel Lopez cashed a check. D approached Lopez and asked about the neighborhood in which he lived. Lopez was told that he was in territory ruled by the “D.F.S.,” i.e., the “Drifters” gang. D pulled out a knife and pointed it at Lopez’ chest. Lopez raised his hand in self-defense, and D cut him on the wrist. Lopez ran from the scene and called 911 for help. D whistled, and four men emerged from a nearby apartment building and attacked Lopez. After knocking him to the ground, they hit and kicked him and took his cell phone and his wallet, which contained $400 in cash. Officers observed a man run through the alley and into the building to which another man was pointing. A minute or two later, the officers heard sounds of screaming and fighting coming from that building. Roxanne Rojas answered the door. She was holding a baby and appeared to be crying. Her face was red, and she had a large bump on her nose. The officers also saw blood on her shirt and hand from what appeared to be a fresh injury. Officer Cirrito asked if anyone else was in the apartment, and Rojas said that her 4-year-old son was the only other person present. D suddenly appeared at the door wearing only boxer shorts. D refused them entry. Suspecting that D assaulted Rojas, they removed him from the apartment and then placed him under arrest. Lopez identified D as his initial attacker, and D was taken to the police station for booking. One hour later, a detective returned to the apartment and informed Rojas of the arrest. The Detective requested and received both oral and written consent from Rojas to search the premises. It was given. The Police found Drifters gang paraphernalia, a butterfly knife, clothing worn by the robbery suspect, and ammunition. Rojas’ young son also showed the officers where petitioner had hidden a sawed-off shotgun. D moved to suppress the evidence found in the apartment, and the court denied the motion. The California Court of Appeal affirmed. The California Supreme Court denied the petition for review, and The Supreme Court granted certiorari.

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