Can a search warrant be used to search defendant's home after he consented to the search?

Florida v. Royer (1983) 460 U.S. 491, 497.) "[S]tatements given during a period of illegal detention are inadmissible even though voluntarily given if they are the product of the illegal detention and not the result of an independent act of free will." (Id. at p. 501.) Therefore, we must determine whether defendant was detained when he consented to the search of his apartment.

Detentions are to be distinguished from consensual encounters and arrests. (People v. Gallant (1990) 225 Cal.App.3d 200, 207.) "'For purposes of Fourth Amendment analysis, there are basically three different categories or levels of police "contacts" or "interactions" with individuals, ranging from the least to the most intrusive. First, there are . . . "consensual encounters" [citation], which are those police-individual interactions which result in no restraint of an individual's liberty whatsoeveri.e., no "seizure," however minimaland which may properly be initiated by police officers even if they lack any "objective justification." [Citation.] Second, there are what are commonly termed "detentions," seizures of an individual which are strictly limited in duration, scope and purpose, and which may be undertaken by the police "if there is an articulable suspicion that a person has committed or is about to commit a crime." [Citation.] Third, and finally, there are those seizures of an individual which exceed the permissible limits of a detention, seizures which include formal arrests and restraints on an individual's liberty which are comparable to an arrest, and which are constitutionally permissible only if the police have probable cause to arrest the individual for a crime. [Citation.]'" (Id. at pp. 206-207.)

We disagree defendant was detained when Capps questioned him the first time. The police have detained an individual "'"if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." [Citation.]'" (People v. Gallant, supra, 225 Cal.App.3d at p. 207.) "Those circumstances may include 'physical restraint, threat of force, or assertion of authority . . . .'" (Ibid.) Here, a reasonable person in defendant's position would have

Page 9